Appeal over Ranson case to be heard tomorrow

DHSC had sought to postpone disclosure hearing

An appeal will be heard to determine whether tribunal proceedings involving the Department of Health and Social Care and the Island’s former medical director will go ahead.

The DHSC had sought to postpone next week’s disclosure hearing after filing an appeal - claiming the employment tribunal was acting outside its jurisdiction.

The department’s legal team was concerned the appeal would be prejudiced if it went ahead after the three-day tribunal proceedings but Deemster Corlett told the court he could hear the appeal tomorrow (26 August).

Kathryn Clough, representing the DHSC, raised concerns about the tribunal, referring to the disclosure hearing as a 'fact finding mission' and an investigation that goes beyond what's needed to determine costs or remedy at a tribunal.

Part of the disclosure hearing will include determining whether documents submitted by the department during Dr Rosalind Ranson's tribunal were concocted, something Mrs Clough revealed the DHSC has referred to Island-based private investigators Expol.

She also called for a delay to next week's proceedings because of Expol's ongoing investigation, but Peter Russell, appearing for Dr Ranson, said the tribunal was prepared to hear evidence from Expol at a later date, while Deemster Corlett questioned why the DHSC hadn't referred the paperwork to Expol until the end of July when the disclosure hearing was scheduled for August.

Deemster Corlett told the court he believed the disclosure of documents would be relevant to future costs and damages hearings, and questioned the late submission of the appeal, but said he was prepared to hear the appeal ahead of the tribunal's hearing.

The tribunal is currently due to meet from Tuesday, having earlier this year found Dr Ranson was unfairly dismissed for whistleblowing, with a further remedy hearing scheduled for January.