⚖️ MIDWIFE WINS EMPLOYMENT TRIBUNAL AGAINST EAST SUSSEX HEALTHCARE NHS TRUST
**CASE LAW** 🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻
Another midwife. Another Employment Tribunal. And once again, the same deeply concerning themes emerge.
Charlotte represented herself. And she won.
Charlotte was an experienced midwife when she suffered something no mother should ever have to endure — the death of her young son. 💔
Following his death, Charlotte wrote a deeply personal post about her son on her private Facebook account, which she says had only a small number of friends.
According to Charlotte’s case, a member of management obtained that post and circulated it by email to more than 200 members of staff.
Charlotte herself was excluded from that email. So was a close colleague and friend.
Then came the managers’ WhatsApp group.🚨
Charlotte’s Tribunal documents describe her case that managers used the group to mock staff members, laugh about and discuss grievances that had been submitted in confidence, discuss the death of Charlotte’s son and discuss Charlotte’s ability to work.
Someone refused to stay silent.
A screenshot of those messages were printed off and alerted Charlotte and management to what was happening.
Those messages became evidence in Charlotte’s Employment Tribunal proceedings.
Think about that.
Had one person not had the courage to preserve what they had seen, Charlotte may never have known what was being discussed.
And throughout all of this, Charlotte was trying to grieve the death of her child.
Instead of being given the space, dignity and compassion to grieve, Charlotte says this entire experience engulfed her life and intruded into a period of unimaginable loss.
Her energy was consumed by what was happening at work, grievances, management conduct and ultimately an Employment Tribunal when she should have been able to focus on herself, her child, her grief and her family.
There is something particularly difficult to comprehend about this happening within midwifery.
Midwives are supposed to be at the forefront of protecting women’s physical, mental and psychological wellbeing and safety.
Yet who was protecting the midwife when she was the grieving woman who needed compassion?
Ultimately, Charlotte could no longer remain in her role.
The Tribunal found that she had been constructively unfairly dismissed — meaning that although Charlotte resigned, the circumstances amounted to a fundamental breach of the employment relationship that entitled her to leave.
A grieving mother.
A midwife.
A career lost.
And then an Employment Tribunal that she had to fight herself.
Charlotte represented herself.
And she won.
And once again I find myself looking at the themes emerging from the experiences midwives are bringing forward:
Bullying.
Harassment.
Confidentiality and data concerns.
Grievances.
Management WhatsApp groups.
Isolation.
Fear of speaking up.
Employment Tribunals.
Midwives fighting their employers, sometimes without legal representation.
Different midwives. Different hospitals. Different NHS Trusts.
Yet remarkably similar experiences.
Charlotte’s case also demonstrates why we desperately need colleagues who witness unacceptable behaviour to feel safe enough to speak up.
One colleague took screenshots.
One colleague preserved the evidence.
One colleague refused to look the other way.
That mattered.
Charlotte’s experience should not simply disappear into an Employment Tribunal judgment somewhere on the internet.
We need to start looking at these cases collectively and asking why these themes keep appearing within the profession.
And most importantly, we need to listen to the midwives themselves.
Well done, Charlotte. Love to you, your son & family.
And thank you to the person who had the courage to preserve the evidence and speak up.
Midwives are speaking. Their stories deserve to be heard.
@KenZeroHarm @ArturNadol7566