Mortuary boss loses appeal over baby burial mistake

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Tuesday, February 07, 2012
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Kent and Sussex Courier

A MORTUARY boss who claimed she was unfairly sacked for allowing a Tunbridge Wells baby to be buried without its brain has lost her appeal.

Fired by Maidstone and Tunbridge Wells NHS Trust, Sharon Edwards took her employer to tribunal in November but this week failed to have the decision overturned. She was sacked in March after releasing a baby from the Kent and Sussex Hospital's mortuary for its funeral.

  1. The Kent and Sussex Hospital in Tunbridge Wells, where Sharon Edwards  worked

    The Kent and Sussex Hospital in Tunbridge Wells, where Sharon Edwards worked

The tribunal panel found Mrs Edwards, of North Grove Road, Hawkhurst, was "directly responsible" for the blunder, which led to the baby being buried without its brain and spinal cord.

At a two-day tribunal in Ashford, she claimed she had been unfairly dismissed and argued the NHS Trust breached her contract.

She also claimed she was treated unfairly in comparison to her colleagues and manager because she was a woman and a part-time worker.

In a report released this week, employment judge Stephen Vowles reiterated Mrs Edwards' actions amounted to gross misconduct and the NHS Trust was entitled to sack her. He dismissed Mrs Edwards' claims that she was treated unfairly.

Baby X, as the child at the centre of the tragedy is known, was buried in March 2010.

Mrs Edwards was sacked after an investigation into that blunder. She faced allegations of failing to complete appropriate paperwork, breaching procedures and releasing the baby's body without full repatriation of body parts having taken place.

Giving evidence at the tribunal, Mrs Edwards said she had been used as a "scapegoat" for the incident which was a result of failings by the NHS Trust and her colleagues.

She added: "How could I be held wholly culpable?"

The panel's report said the NHS Trust's description of the incident as "catastrophic" was accurate, saying: "It was difficult to imagine a more serious outcome."

Paul Bentley, director of strategy and workforce at Maidstone and Tunbridge Wells NHS Trust, said: "Mrs Edwards failed to follow standard procedures with irreparable consequences and was dismissed.

"Mrs Edwards accepted in court that she was in a unique position to prevent these events from occurring. Our thoughts have primarily always been for Baby X's family and our sympathies remain with them."

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