by Mary Graham

Former hospital chief Rose Gibb is bidding to take her battle for a £175,000 pay-off to the Court of Appeal and launch a tribunal action against her former employers.

Miss Gibb, who was in charge of the Maidstone and Tunbridge Wells NHS Trust during a series of fatal C-diff outbreaks, lost her bid for a severance deal in the High Court last month.

She claimed she was forced to step down as chief executive, just days before the Healthcare Commission published a damning report into C-diff outbreaks between 2004 and 2006.

When the report was made public, then Health Secretary Alan Johnson personally intervened in Parliament to halt any severance pay-off.

High Court judge, Mr Justice Treacy last month ruled she would not receive the £175,000 payment, saying that it was outside the legal powers of the trust to come to the deal.

He ordered that Miss Gibb should pay the trust’s legal costs and made a direction that an appeal should not be allowed.

But Miss Gibb’s union, Managers in Partnership, has confirmed papers have been lodged with the Court of Appeal.

Jon Restell, Managers In Partnership’s chief executive, said they had taken advice from leading counsel and believed there were strong grounds for appeal.

He said: "The next step is to ask the Court of Appeal for leave to appeal. This is all going to take time.

"Separately, we are also bringing a claim in the employment tribunal.

"We can’t say any more at the moment about the grounds of appeal but will release further information in due course."

Miss Gibb is still set to receive a payment of £75,000, which represents six months pay in lieu of not working her notice period.