NHS Consultant Wins £87K Payout After 'Negligent' Bosses Ignore Her Working 13-Hour Shifts For Eight Months

A National Health Service (NHS) consultant received nearly £90,000 in compensation after negligent bosses ignored her concerns about working excessive hours.

Dr Pippa Stallworthy endured 13-hour daily shifts for eight months due to a surge in referrals handled by her mental health team, according to an employment tribunal. Desperate for additional support, the consultant clinical psychologist criticised the health service for lacking assistance in caring for vulnerable patients.

NHS Consultant Sues For Compensation

After numerous warnings were dismissed, she resigned, accusing the NHS trust of systematic management failures that had pushed both her and the service to the brink. A judge subsequently ruled in her favour, awarding her £87,249 in compensation for the NHS trust's negligence in disregarding her excessive workload.

The South London hearing heard evidence from Dr Stallworthy, who led the Traumatic Stress Service (TSS) at South West London and St George's Mental Health NHS Trust from 2009 until her resignation in November 2019.

Notably, the TSS was a small outpatient clinic that provided psychological and psychotherapy services to adults with complex PTSD resulting from traumatic experiences. The service used a self-reporting system with a traffic light system, allowing teams to flag safety concerns, with red indicating significant risks.

During the hearing, it was told that the team was overwhelmed by a 35 percent increase in referrals to TSS in January 2019, from 147 to 193. Dr. Stallworthy reported working exceptionally long hours by March, even outside her regular work schedule.

In July 2019, Dr. Stallworthy expressed concern about a colleague's request for reduced hours, which her superiors dismissed. She warned that her position was becoming unsustainable and demanded immediate action.

In August 2019, Dr Stallworthy revealed that she had been working 11-13 hours every day since Christmas, a workload she deemed unsustainable and unsafe. She resigned a few weeks later.

'Unacceptable' Working Hours Cited

In her resignation letter, Dr Stallworthy expressed a complete loss of trust and confidence in the Trust due to its ongoing failure to address her concerns about patient safety and its neglect to provide adequate resources to the TSS.

"In my opinion the fact that both I and the service are on our knees is largely due to systematic management failure," she wrote. Employment Judge Amanda Hart ruled in favour of Dr Stallworthy, upholding her claim of constructive unfair dismissal.

"What we find concerning is that there was a lack of urgency...to address the risk to patient safety of the unfunded increase in demand and put in place mitigating actions. We therefore conclude [the Trust] did fail to address the serious concerns [Dr Stallworthy] raised regarding patient safety and the under-resourcing of the TSS," Judge Hart said.

The judge stated that it was evident that Dr. Stallworthy had been working extremely long hours for eight months, leading to a noticeable decline in her mental and physical health. She added, "We considered that the hours she was working was excessive."

The judge acknowledged that the NHS is a demanding workplace and that all staff face pressures. She also noted that senior staff often choose to work longer hours, which is sometimes expected of leaders.

Despite the general pressures faced by NHS staff, Dr. Stallworthy's working hours in this case were deemed unacceptable. The Trust's failure to offer support or address her excessive workload was considered a breach of their duty of care towards her, amounting to negligence. The judge added that this failure contributed to a hostile working environment.

The Trust's lack of urgency in addressing Dr Stallworthy's concerns and their failure to address her excessive workload resulted in a breach of the implied terms of trust and confidence. Her additional claims of whistleblowing detriment were dismissed.

This is not an isolated incident. A previous report highlighted a woman who resigned after her employer disregarded her burnout, which stemmed from excessive workload, including late-night and weekend shifts, without compensation.

Another instance involved an employee, who was threatened with termination for refusing to work during previously approved paid time off (PTO). These cases highlight the urgent need for employers to prioritise employee well-being and address workplace stress to prevent further resignations and maintain a healthy work environment.