A union has called for a hospital boss’s resignation or dismissal after he acted unlawfully in a previous job.

NHS Trust boss Matthew Kershaw was criticised in a High Court ruling over his plans to slash services at a successful London hospital.

The GMB union has warned Mr Kershaw, now chief executive of Brighton and Sussex University Hospitals NHS Trust, cannot be trusted not to pursue similar cutbacks in Sussex.

Gary Palmer,GMB South East lead for hospitals, said: “The GMB raised concerns that the Axeman’s appointment was a potential disaster in waiting for the trust here in Brighton and it’s clear for all that with Mr Kershaw’s enthusiasm to preside over and support what has subsequently turned out to be an unlawful decision on reducing services at Lewisham hospital, he can’t be trusted not to pursue similar unlawful and damaging processes with any or all departments at Brighton and Sussex university hospitals."

The ruling relates to Mr Kershaw’s six months as emergency administrator in charge of South London Healthcare Trust, which was losing £1 million a week.

As part of plans to reconfigure services he recommended Lewisham Hospital cut back its maternity services, and closed A&E– despite it operating as a separate trust and performing well.

The plan was adopted, with some changes, by Health Secretary Jeremy Hunt, who was also found to have unlawfully acted beyond his powers.

The High Court quashed the cutbacks after a high-profile campaign which claimed the Government was using the recommendations to slash services “by the back door”.

Mr Justice Silber found Mr Kershaw did not meaningfully consult on the plans and acted beyond his powers in urging the cuts.

Mr Palmer added: “On behalf of GMB members at the trust, let me give clear notice to Mr Kershaw that any attempt, unlawful or otherwise, to cut or close services or endanger patient safety at the BSUH, or attack the pay or terms and conditions of our members working within the trust, will result in our responding robustly.”

Julian Lee, Chair of Brighton and Sussex University Hospitals, said: “Since starting his role as chief executive in April Matthew Kershaw has been fully focussed on working with our staff and our local partners in leading the Trust through its next stage of development to ensure we continue to provide the best possible services for the benefit of our patients and the public.

“He is providing clear leadership in our work around our Emergency Departments, quality and patient safety, 3Ts, and financial sustainability and is working to create a strategy that aims to enhance our services further our patients and make the Trust a better place to work for our staff.”

Mr Kershaw was unavailable for comment pending a Department of Health appeal against the ruling.

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