{"id":527159,"date":"2026-04-12T17:02:27","date_gmt":"2026-04-12T17:02:27","guid":{"rendered":"https:\/\/www.newsbeep.com\/uk\/527159\/"},"modified":"2026-04-12T17:02:27","modified_gmt":"2026-04-12T17:02:27","slug":"union-official-loses-tribunal-over-nhs-highland-dispute","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/uk\/527159\/","title":{"rendered":"Union official loses tribunal over NHS Highland dispute"},"content":{"rendered":"<p>\n  She then took the health chiefs to tribunal, claiming that she had been treated unfairly because of her role representing staff.\n<\/p>\n<p>\n  However, Employment Judge MacLean <a href=\"https:\/\/assets.publishing.service.gov.uk\/media\/69c55424cdfd19de13d0f724\/8000591.2025_-_Ms_Dawn_Macdonald_v_Highland_Health_Board_-_Judgment_Issued_23.02.2026.pdf?ref=ed_direct\" target=\"_blank\" rel=\"nofollow noopener\">found that the main incidents she relied on were not serious enough in law to count as a \u201cdetriment\u201d<\/a>, and that some earlier incidents she complained about were too old to be considered because they fell outside strict time limits.\n<\/p>\n<p>\n  The case centred on a series of disputes between Ms Macdonald and NHS managers.\n<\/p>\n<p>\n  In November 2023, Unison raised concerns about Succoth Ward, an inpatient mental health ward at Mid Argyll Community Hospital in Lochgilphead.\n<\/p>\n<p>\n  A meeting was held with managers, Unison representatives and staff to talk through those issues.\n<\/p>\n<p>\n  According to the tribunal judgment, that meeting \u201cquickly became difficult and contentious\u201d and Ms Macdonald \u201cdominated\u201d.\n<\/p>\n<p>\n  She challenged chiefs on how the ward was being run, staffing issues, and questioned management decisions and their understanding of the board\u2019s complaints procedures.\n<\/p>\n<p>\n  The ruling states that the nurse \u201cquestioned the cover and clinical duties undertaken by managers and their qualification and competency to do so\u201d and pointed out that \u201cthe buck lay with managers, as they were accountable for the clinical environment and for supporting new nurses\u201d.\n<\/p>\n<p>\n  The bosses later said they felt personally attacked by the nurse.\n<\/p>\n<p>\n  \u201cThe managers had expected robust challenge but could not comprehend what they experienced as a personal attack on the management team,&#8221; the judgment reveals. &#8220;They felt undermined, devalued, and humiliated in front of staff.\u201d\n<\/p>\n<p>\n  While they attempted to move forward, two \u201cbecame anxious and worried about carrying out their roles\u201d.\n<\/p>\n<p>\n  One \u201ccontinued to ruminate on the events\u201d, while another \u201cresigned from his post in part because of what he regarded as the claimant\u2019s threatening and intimidating manner during the meeting\u201d.\n<\/p>\n<p>\n  The management team, on the advice of the Royal College of Nursing, then raised a collective grievance about Ms Macdonald.\n<\/p>\n<p>\n  However, NHS Highland\u2019s HR team told the union that \u201cbecause the complaint concerned the claimant\u2019s behaviour in her capacity as a trade union representative, the grievance should instead be directed to Unison\u201d.\n<\/p>\n<p>\n  The team also told Evan Beswick, then interim chief officer of Argyll and Bute HSCP.\n<\/p>\n<p>\n  He decided that the managers\u2019 concerns would also likely fall under the board\u2019s bullying and harassment policy.\n<\/p>\n<p>\n  Mr Beswick wrote to Unison with the collective grievance. While that was acknowledged, the union said it was not willing to discuss the matter with him.\n<\/p>\n<p>\n  The tribunal also heard of a long-running row between Ms Macdonald and Catriona Watt, a local area manager at Mid Argyll Hospital, over how grievances and redeployment cases were being handled.\n<\/p>\n<p>\n  In April 2024, Ms Macdonald emailed Ms Watt to raise an early-resolution grievance for a union member about on-call and overtime protection.\n<\/p>\n<p>\n  That led to a series of increasingly tense emails in which Ms Macdonald repeatedly challenged whether Ms Watt should be handling the case, accused her of failing to follow processes, and copied in the member, HR and senior managers while quoting policy back to her.\n<\/p>\n<p>\n  Ms Watt told the tribunal she felt personally attacked. She said Ms Macdonald\u2019s emails were aggressive and disrespectful, and that the way concerns were raised left her anxious, losing sleep and feeling she was in a \u201cno win\u201d situation where \u201cwhatever she did was criticised\u201d.\n<\/p>\n<p>\n  She also wrote formally to Unison in July 2024 complaining that Ms Macdonald\u2019s communication compromised her dignity at work and her position as a manager.\n<\/p>\n<p>\n  <img   width=\"100%\" alt=\"EMBARGOED TO 0001 MONDAY APRIL 6 File photo dated 18\/01\/23 of a general view of staff on a NHS hospital ward. Research suggests scientists have identified what drives the development of scar tissue in the intestines of people with Crohn's disease. Scientists found clusters of immune cells in the gut which may be stimulating nearby cells to generate excess scar tissue, known as fibrosis. Issue date: Monday April 6, 2026. PA Photo. Photo credit should read: Jeff Moore\/PA Wire\"\/>General view of staff on a NHS hospital ward (Image: Jeff Moore\/PA Wire)\n<\/p>\n<p>\n  The union\u2019s Scottish secretary, Lilian Mercer, wrote to Ms Watt to say an investigation had been carried out but \u201cthat there appeared to be a lack of understanding\u201d in the health board about the role of a trade union representative.\n<\/p>\n<p>\n  It claimed there was an \u201congoing hostility\u201d towards Ms Macdonald.\n<\/p>\n<p>\n  A key part of the case focused on events in November 2024, which were within the tribunal\u2019s time limits.\n<\/p>\n<p>\n  Ms Macdonald claimed she had been excluded from involvement in a grievance process and that a letter sent by managers to Unison was critical of her performance.\n<\/p>\n<p>\n  However, the tribunal rejected both claims.\n<\/p>\n<p>\n  They found there was no evidence that NHS Highland sought to prevent her from participating in the grievance process, and said concerns raised by a senior manager were about maintaining effective working relationships rather than removing her from her role.\n<\/p>\n<p>\n  The judge accepted that Ms Macdonald was acting in her members\u2019 interests \u201cand represented them with commitment and passion\u201d and felt \u201cunconstrained in advancing their case and wished to demonstrate to them that she was doing so\u201d.\n<\/p>\n<p>\n  However, they said the nurse &#8220;showed limited insight into how her approach and conduct were perceived by the managers present\u201d.\n<\/p>\n<p>\n  The tribunal said there was distinction between protected trade union activity and the manner in which it is carried out.\n<\/p>\n<p>\n  The claim was dismissed in full.\n<\/p>\n<p>\n  NHS Highland and Unison were approached for comment.\n<\/p>\n<p>\n  In September 2018, <a href=\"https:\/\/www.heraldscotland.com\/news\/health\/16902316.nhs-highland-medics-blast-culture-fear-intimidation-silencing-concerns-patient-care\/?ref=ed_direct\" target=\"_blank\" rel=\"nofollow noopener\">The Herald broke news of a bullying scandal in NHS Highland<\/a> after whistleblowing doctors went public to voice concerns over a &#8220;culture of fear and intimidation&#8221; said to emanate from the &#8220;very top of the organisation&#8221;.\n<\/p>\n<p>\n  In 2023, despite \u00a32.8 million paid out in compensation as part of a &#8220;healing process&#8221;, Unison told us they <a href=\"https:\/\/www.heraldscotland.com\/news\/24070214.nhs-highland-healthcare-scotland-compare\/?ref=ed_direct\" target=\"_blank\" rel=\"nofollow noopener\">had seen no discernible reduction in the number of bullying complaints its Highland reps are handling.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"She then took the health chiefs to tribunal, claiming that she had been treated unfairly because of her&hellip;\n","protected":false},"author":2,"featured_media":527160,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[102,2960,56,54,55],"class_list":["post-527159","post","type-post","status-publish","format-standard","has-post-thumbnail","category-healthcare","tag-health","tag-healthcare","tag-uk","tag-united-kingdom","tag-unitedkingdom"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/527159","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/comments?post=527159"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/527159\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media\/527160"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media?parent=527159"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/categories?post=527159"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/tags?post=527159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}