Following HEE’s defeat in the ET to me on the 14 May 2018 they have chosen to prejudice my future proceedings by commenting about my individual case on social medial and on their website. I note they end their public statement with;
HEE has spent 3 years and over £100k trying to prevent any of the facts of this situation coming out in the open and being heard in court. In contrast I have spent even more money fighting HEE and responding to attempts to undermine me from the BMA and GMC to ensure the facts of this case are heard properly in court and my colleagues are properly protected by statutory whistleblowing law.
HEE have been exposed misrepresenting Parliament's intention for whistleblowing law and not disclosing a contract they had with the NHS Trust in my case that plainly demonstrated its substantial influence over junior doctors' engagement. This would have made it impossible to strike this case out in 2015, as HEE relied on it being fanciful to suggest they had such an influence, as the 2015 ET judgment confirms. Their conduct was so poor that they were forced to pay £55k of my legal costs which is rare in the employment tribunal. They conceded once we had exchanged witness statements that exposed serious allegations. The HEE claim that they did not contest this tribunal is laughable. HEE have spent over 3 years and well over £100k denying that they are an employer of doctors and then decided to concede that they were at the last minute after wasting more taxpayer money and tribunal time on their hopeless position.
On a day that HEE should have been embarrassed and ashamed of itself it released false statements about my case ironically with the word truth in one sentence.
The HEE claim that I resigned several times is false. I completed my fixed term contract at the Trust and made it clear on multiple occasions that I would not be continuing to another Trust until false statements included on my ARCP record, contradicted by all my supervisor reports and multisource feedback were either removed or explained. The truth is HEE ignored several polite letters over a 6 week period before me expressing the position that I would not continue to the next Trust without a formal investigation or the removal of the allegations. I subsequently repeated the position when the HEE actions became more obstructive to the extent that they attracted criticism and a legal threat from the BMA in August 2014 after a positive merits assessment of whistleblowing claims against the Trust and HEE.
The BMA sent an email to HEE dated 8 October 2014 where it describes the circumstances at which my training number was deleted. It refers to ONLY 1 resignation.
HEE also dismissed serious safety issues that have now been verified by a February 2017 NHS Peer Review. HEE’s public claim that their staff supported me is at odds with the fact that they failed to act on serious safety issues. They also failed to investigate false allegations that in the end they were forced to remove, but only after severe damage to my career. HEE staff also have serious allegations to defend about editing documents including an email from the BMA, withholding key evidence from investigations and producing misleading records of meetings and falsely claiming my agreement to them.
It is shameful that HEE has sought to engage with me publicly on the disputed facts of my case on a day it finally accepted that I was right about whistleblowing law actually covering it as an employer.
I close with my most recent clinical supervisor report from my last supervisor before my NTN was deleted. HEE witheld this from their investigations and the BMA from their merits assessments.