25 August 2015, the day before our Employment Appeal Tribunal Hearing where we successfully won leave to appeal Deanery whistle-blowing protection, I had a telephone conversation with Mr Viv Du-Feu, Director of BMA Legal Services.
The following statements that are attributed to Mr Du-Feu are lifted from a note of our conversation that was sent to Mr Du-feu by email on the same day. The content of the note has not been disputed by Mr Du-Feu in his reply to the email on the following day on 26 August. He did not dispute my suggestion in the note that it was a polite conversation.
During the conversation, I asked Mr Du-Feu plainly why Dr Porter was not processing a serious formal complaint and why the BMA were not supporting either an appeal that affects all other deanery doctors or my own whistle-blowing case.
His answer is recorded in my note of the conversation:-
“you said you cannot interfere with the BMA chair and council’s opinion on my case, and that with your legal hat on if I think I have a claim against the BMA I should pursue it, it is my legitimate right.
You stated that you would like to end the conversation there and that you have done your best to help by giving me your legal opinion.”
After receiving my email note of the conversation, Mr Du-Feu replied by email on the 26 August on the day of our EAT Rule 3 (10) Hearing. He did not dispute my note of the conversation in his email. He acknowledges receipt of my note of the conversation and his email concludes with a repeat of what seems to me to be invitation to me to sue the BMA.
“If you believe you have sustainable claims against the Association I suggest you take Independent Legal advice”.
It seems to me that this is the BMA refusing any accountability for its actions outside of expensive litigation that few doctors can afford.
Separately, I received the above email from the BMA in a coffee shop close to the EAT an hour before entering court in the defence of whistle-blowing protection for every Deanery doctor in England. This is not what one would expect from a Trade Union for doctors.