A paramedic who failed to give adequate medical care to a teenage girl who took her own life has failed in his unfair dismissal claim against North East Ambulance Service.
An employment tribunal heard how Gavin Wood was off work for almost a year, returning the month before 17-year-old Quinn Beadle was found in woodland near her Shildon home in December 2018.
He was struck off earlier this year after the Health and Care Professions Tribunal Service heard he declared Quinn dead without carrying out either basic or advanced life-support procedures.
Read more: Unfair dismissal claim by struck off paramedic Gavin Wood
An employment tribunal in Newcastle, sitting in January, heard Mr Wood did not return to work after the event and was dismissed by the service on the grounds of capability in May 2020.
The case is at the centre of the ambulance service ‘cover-up’ scandal regarding paramedics masking mistakes during inquest hearings.
Former NEAS coroners’ officer Paul Calvert has claimed it could be the ‘tip of the iceberg’ and an NHS England review into the allegations is expected to be published soon.
Mr Wood has also failed in his claims of harassment and discrimination on the grounds of disability.
In his verdict, Tribunal Judge Simon Loy said there was a ‘fundamental contradiction’ between the claim for unfair dismissal on capability grounds and his successful application for ill-health retirement and early release of pension funds.
He said: “The claimant qualified under the NHS Pension Scheme Rules to an ill-health because he met the requirements of Tier 1 ill health retirement, namely the claimant was permanently incapable of carrying out NHS duties.
“Tier 1 is in unequivocal terms which is understandable given that it provides access to the early release of pension benefits.
“The fundamental irreducible difficulty that the claimant faces is that he is running conflicting arguments at the same time.
“On the one hand, the claimant argues that his dismissal was unfair because he may have been able to return to work and on the other hand he has applied successfully for access to early release of pension benefits predicated on precisely the contrary circumstances.”
Read more: Quinn Beadle paramedic struck off for misconduct
The tribunal rejected the argument that the claimant was somehow forced into a position of applying for ill-health retirement.
Judge Loy said: “The decision to make that application was uniquely and exclusively that of the claimant and the claimant alone.
“The fact that the respondent was supportive of his application is beside the point and would normally be welcomed by an employee applying for ill health retirement.”
The tribunal was told Mr Wood, an experienced paramedic, suffered from a range of health issues including anxiety, as well as alcohol dependency disorder, diabetes and epilepsy, and was sectioned shortly after Quinn’s death.
Several allegations of harassment made regarding Mr Wood’s colleagues over their conduct in their dealings with him were withdrawn and others were deemed to be ‘not founded’ by the tribunal and therefore failed.
Read more: Paramedic accused of misconduct told police to stop giving teenager CPR
Regarding the claim for discrimination on the grounds of disability, Judge Loy said: “The respondent’s aim was to ensure that it had a workforce capable of discharging the important functions that it has a statutory duty to carry out.
“Both the respondent and the claimant understood the claimant to be permanently incapable of doing his job."
Read next:
- North East ambulance whistleblower offered £41k to stay silent
- Mum misled over daughter's death said whistle-blower deserves award - not the sack
- Leaked emails 'show ambulance inquiry body is unfit' to review cover-up scandal
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Judge Loy said: "The claimant had been away from the workplace for some 18 months before his dismissal. The claimant also wanted to be retired on ill-health grounds and had aligned his position to that of the respondent for the purposes of his dismissal.
“In all those circumstances, the aim was legitimate and the means of achieving that aim were proportionate.”
When life is difficult, Samaritans are there – day or night, 365 days a year. You can call them for free on 116 123, email them at jo@samaritans.org, or visit www.samaritans.org to find your nearest branch.
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