Ex-NHS manager in Swindon awarded £24,000 for unfair dismissal

A former NHS manager who was awarded nearly £24,000 in compensation for unfair dismissal has won his latest legal battle against a hospital trust.

Mark Hemphill, who was having chemotherapy while working as a health and safety manager, had been struggling with responsibilities that were not outlined in his contract with Swindon’s Great Western Hospital, an employment tribunal in 2024 found.

The judge ruled Mr Hemphill had also been subject to “brutal and bullying” conduct under the then head of the hospital’s trust, Kevin McNamara. An appeal by the trust has now been dismissed.

Liam Coleman, the trust’s chairman, said it “strongly refutes allegations of a culture of bullying”.

Mr Hemphill said he was forced to resign in July 2022 after he was unsuccessful in an application to “retire and return” under an NHS scheme.

A tribunal hearing in December 2023 found he had been unfairly dismissed, according to the Local Democracy Reporting Service.

Great Western Hospitals NHS Foundation Trust did not challenge Judge Street’s overall finding of constructive dismissal.

However, it appealed for the judge to reconsider parts of her reasoning that implicated Mr McNamara in bullying.

In March 2024, the judge refused the application to reconsider, so the trust lodged an appeal against this refusal. In July 2025, that appeal was dismissed.

Mr Hemphill said: “These last three years since I was forced to leave the job that I loved have been the most traumatic of my life.

“Having to fight barristers, lawyers and the trust’s whole legal team on my own with no available legal representation or assistance was literally the stuff of nightmares and endless sleepless nights.

“I felt over the moon when the final appeal from the trust was dismissed and the thought that this might be finally over was a great relief.”

Mr McNamara is now CEO of Gloucestershire Hospitals NHS Trust.

Deborah Evans, who chairs the trust, previously said it had “no concerns regarding the appointment then or now” amid the claims of bullying during his previous job.

Mr Coleman said: “The trust respects the legal process and maintains that it acted appropriately when it declined Mr Hemphill’s retire and return request.”