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PR chief takes East Lancashire Hospitals to tribunal (From Blackburn Citizen)
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PR chief takes East Lancashire Hospitals to tribunal
10:57am Tuesday 4th August 2009
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- By Peter Magill » Burnley chief reporter
HOSPITAL bosses in East Lancashire are facing a legal challenge from their former PR boss.
Former marketing chief Derek Tyrer is taking East Lancashire Hospitals NHS Trust to an employment tribunal, claiming it failed to make adjustments for the chronic fatigue syndrome from which he suffered while working there.
Mr Tyrer, a former county chairman of the Institute of Marketing, was hired by the hospital trust to begin work as their head of marketing in May 2007.
His appointment came at a critical time for the hospital trust as the it geared up for the start of the Meeting Patients’ Needs programme, which saw accident and emergency facilities closed at Burnley General Hospital and relocated to the Royal Blackburn Hospital site in Haslingden Road.
He was appointed to the role under the administration of former hospital chief executive Jo Cubbon, who left the East Lancashire trust in summer 2008.
But problems emerged for Mr Tyrer while he was settling into his new position and he went off sick in September of that year, a Manchester tribunal heard.
An attempt was made to reintroduce Mr Tyrer to work, on a part-time basis, beginning again in March 2008, the hearing was told.
But following a number of sickness meetings between the parties, the marketing head’s position was terminated.
Ed Morgan, counsel representing the trust, said his clients accepted Mr Tyrer suffered from a disability, which impaired his performance.
But hospital bosses dispute that they did not take reasonable steps to compensate for the condition.
Because of his chronic fatigue syndrome, Mr Tyrer claims his concentration levels and cognitive skills were impaired.
He is also arguing over requirements that he worked at specified sites within the trust, as the condition also affected his driving abilities – allegedly making it unsafe for him to drive.
The tribunal heard that he was also unable to use a VDU machine, such as a computer, for more than an hour a day.
Mr Morgan made an application to adjourn the tribunal hearing for medical evidence to be sought on the extent of Mr Tyrer’s condition.
This was not opposed by James Hurd, representing Mr Tyrer, who is from the Wigan area, and the tribunal will now sit again, possibly in early 2010.
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Your Say YourCitizen
madari, Padiham says...
12:18pm Tue 4 Aug 09
Doug Spencer wrote:Madari the snake charmer says:
Thank you Nu Labour for the compensation culture. This is unbelievable!!! Apply for a job you are unable to do, then claim compensation for not being able to do the work required!! Both the Health trust and Mr. Tyrer should be forced to repay the costs involved in this and the head of HR should receive some training on applicant screening. What a farce
Spencer you are a clown,courts are nomore that a mudslinging battle ground.
You have only heard one side of the case so far.
Before you start mouthing off may i suggest that we wait tll we have heard both sides of the argument?
and i also suggest that you show a bit more sympathy towards a man who has lost his livelyhood and and not the solicitors and barrister who make a living off the misfortunes and miseries of other people.
Not to mention the indignity this man is having to suffer by this case being made public.
Compensation culture my @...5...se
gladtobe burnley, burnley says...
2:20pm Tue 4 Aug 09
Tosh67, Blackburn says...
2:33pm Tue 4 Aug 09
Doug Spencer, Bacup. Lancashire says...
2:49pm Tue 4 Aug 09
Firstly, I prefer people to use my christian name unless they happen to be a friend or former teacher.
Secondly, I presume that you did read the full story as printed before lambasting me. If you had, you would notice that there is no dispute reported about the mans sickness. The conflict resolves around whether he should be paid for not working. My personal view, being a tax payer who will be paying this ludicrous claim, is that if you can not work, you should not have taken the job. The man was ill BEFORE taking on the role.
I guess you are in favour of the tax payer picking up the bill for incompetence.
PS
I am not a clown.
Izanears, Nelson says...
3:34pm Tue 4 Aug 09
Unfortunately, I have had to make frequent visits and endure many stays in Royal Blackburn. The last person they want is a HEAD OF MARKETING, what they do need is someone to make sure the wards and toilets are kept clean. Apropos Marketing, I cannot help but laugh when I get a letter confirming an appointment whch starts, THANKYOU FOR CHOOSING ROYAL BLACKBURN/BURNLEY GENERAL HOSPITAL. I wonder which idiot thought that one up?
madari, Padiham says...
3:43pm Tue 4 Aug 09
Doug Spencer wrote:Madari the snake charmer says:
Madari, Padiham, Firstly, I prefer people to use my christian name unless they happen to be a friend or former teacher. Secondly, I presume that you did read the full story as printed before lambasting me. If you had, you would notice that there is no dispute reported about the mans sickness. The conflict resolves around whether he should be paid for not working. My personal view, being a tax payer who will be paying this ludicrous claim, is that if you can not work, you should not have taken the job. The man was ill BEFORE taking on the role. I guess you are in favour of the tax payer picking up the bill for incompetence. PS I am not a clown.
Mr Spencer thank for clarifying your earlier comments.
Now that you have made me understand your point i fully aggree with you.
Why does the NHS feel the need to use the services of a Barrister? who is going to foot the Bill for his services,The tax payer obviously.
Whose decision was it to employ someone with ill health and living in Wigan.
Mr Morgan Counsel for the NHS madae an application to adjourn the hearing till some time in 2010, which will no doubt incur more costs to the taxpayer.....I could go on and on .....
Smiffy51, Frome says...
8:59pm Wed 5 Aug 09
WORLD HEALTH ORGANISATION (W.H.O.) DEFINITION OF M.E.
ME/CFS is an acquired organic, pathophysiological, multi-systemic illness that occurs in both sporadic and epidemic forms. Myalgic Encephalomyelitis (ICD 10 G93.3), which includes CFS, is classified as a neurological disease in the World Health Organization's International Classification of Diseases (ICD). Chronic fatigue must not be confused with ME/CFS because the "fatigue" of ME/CFS represents pathophysiological exhaustion and is only one of many symptoms. Compelling research evidence of physiological and biochemical abnormalities identifies ME/CFS as a distinct, biological clinical disorder.
Smiffy51, Frome says...
1:44pm Thu 6 Aug 09
What are people who are told they are fit to work, when they are not, supposed to live on? They cannot claim benefits.
We urgently need a diagnostic test for the neurological illness ME to be developed.
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Doug Spencer, Bacup. Lancashire says...
11:54am Tue 4 Aug 09
Apply for a job you are unable to do, then claim compensation for not being able to do the work required!!
Both the Health trust and Mr. Tyrer should be forced to repay the costs involved in this and the head of HR should receive some training on applicant screening.
What a farce