(Alliance News) - A senior officer of a health technology company was terminated after whistleblowing against the chief executive for lying amid a "culture of fear", an employment tribunal has heard.
Lorimer Headley, the former chief financial officer of Sensyne Health PLC, is bringing a claim of unfair dismissal against the firm whose shareholders include three NHS foundation trusts.
Headley alleged he was fired on March 2 after raising two protected complaints against Chief Executive Paul Drayson about misleading comments to the board in breach of his legal obligations.
Sensyne Health, which has around 100 employees, recently made headlines with the launch of a Covid-19 symptom monitoring app.
Ronnie Dennis, representing Headley, told the Watford Employment Tribunal Lord Drayson worked to "engineer his removal".
The claims on February 14 followed the resignation of the firm's chief technology officer Steven Hamblin.
After Drayson said Hamblin had resigned following "issues with finance", Headley verbally accused Drayson of being in "the territory of lies".
He later sent a second written whistleblowing claim saying Drayson had breached his obligations by lying.
Dennis said: "The claimant knew the real reason (for his resignation) to be the issues Dr Hamlin had with the 'culture of fear' as is the expression used, created by Lord Drayson."
The tribunal heard claims of bullying and "chaos" from Drayson, a former government minister, where senior staff were afraid of being shouted at or "lectured" by the chief executive.
Dennis said Drayson was "driving the process" of his client's termination after the claims, adding: "Ultimately it was a matter for him whether the claimant stays or goes."
He said his client was denied any appeal and that the effort to terminate him was conducted via WhatsApp and personal emails to guarantee secrecy, given the codename Project Green.
Wednesday's hearing was an application for interim relief, which does not make findings of fact but a ruling in Headley's favour would continue his employment and salary until the start of the full tribunal.
James Laddie, representing Drayson, said there was no substance to the appeal and that all the claims of misconduct were denied.
Laddie said: "This is much more like the children's tale of the emperor's new clothes.
"The claimant had been a dead man walking and the only reason he was still walking was because it was Lord Drayson, rather than his colleagues on the board, who had ordered a stay of execution."
Laddie said Lord Drayson did not blame the claimant for Dr Hamlin's departure and added there was no breach of legal obligations.
"It's not even an allegation of lying, it's an allegation of being in the territory of lies," Laddie said.
He added the allegations of bullying were "less than vague".
David Craig, representing Sensyne Health, said the two whistleblowing claims were made cynically, in response to "increasing tensions".
Craig said the decision to terminate Headley had been made months before and accelerated due to a breakdown, not because of any protected disclosures.
Dennis acknowledged Lord Drayson had previously mentioned terminating Headley but argued no decision had been made until after the whistleblowing.
The tribunal heard there had been "all sorts of problems" in the weeks leading up to February 14, including a loss of investor confidence and subordination.
Craig said: "That doesn't mean he wasn't good in other respects, he just was not up to the job as CFO of a PLC."
Employment judge George Alliott will rule on the interim relief application on Thursday.
source: PA
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