The #DayAppeal has been Upheld
The Court of Appeal has dismissed the arguments used by the Government agency Health Education England to argue junior doctors' careers out of statutory whistleblowing protection and to prevent junior doctor Chris Day’s whistleblowing case being heard by an Employment Tribunal. This judgment shows that the apparent gap in whistleblowing law caused by the Day case was based on flawed legal arguments from HEE rather than an actual gap in the law.
The HEE assertion that Parliament consciously chose to exclude junior doctor’s careers from statutory whistleblowing protection has no basis according the findings of the Court of Appeal.
There is an increasing need for the British Medical Association to explain why it has actively tried to obstruct and undermine this important appeal that has been upheld to the benefit of large numbers of doctors and their patients.
The judgment also clarifies the law for huge numbers of agency workers and workers in triangular working relationships that are subject to multiple organisations.
The Court of Appeal has ordered that the reality of Health Education England’s influence over junior doctors be properly scrutinised at a full hearing of evidence with full disclosure of documents relating to the influence Health Education England has over junior doctors, including any role they may have had in imposing the new junior doctor contract.
Dr Chris Day has said:
“I hope this victory encourages junior doctors at a time when they have been let down by so many people in positions of power. This decision is good for patients, doctors and culture in the NHS. I am also pleased the case has assisted agency workers in other industries.
I am very grateful to Tim Johnson/Law, James Laddie QC, Chris Milsom for all the hard work they have put into the case. They are an outstanding team of lawyers. I would also like to thank Public Concern at Work for their intervention, their input was valuable and very encouraging to me personally.
Lastly, I want to acknowledge and thank our 4,000 plus supporters that donated over £140k and our friends and family that have been with us every step of the way.”