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On 19 November 2014, the Secretary of State for Health promised a “comprehensive response” regarding my whistleblowing case from his intended review of the NHS and Deanery formal investigations. On 8 December 2014, he then changed his position and proceeded to deny all legal responsibility for my whistle-blowing case and Health Education England relying on the Care Act 2014. He further states in his legal papers that he has “no knowledge of the facts in this matter and holds no documentation.”

In addition, two weeks after a Preliminary Hearing on 25 February 2015, where I was initially argued out of the right to have whistle-blowing protection for my career, Mr Hunt made an order to grant statutory whistle-blowing protection to student nurses. On 5 March 2015, this was incorporated into law by way of Section 43K(1) (cb) of the Employment Rights Act.

If our appeal fails, we will find ourselves in a situation where a student nurse could be in an operating theatre watching an operation and have their career protected by whistle-blowing law. Yet, the senior registrar that might be performing the operation or the registrar that might be giving the anaesthetic would not have their careers protected by whistle-blowing law. This would be a surprising place to find ourselves post Francis and Mid Staffs.

3. Whistle-blowing laws – protection from your employer

For some reason whistle-blowing law is only located within employment statute. This means it only provides protection from detriment carried out by employers ...

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5. My whistle-blowing case

My case involves an Intensive Care Unit that at night routinely did not adhere to national staffing levels as defined in ICU Core Standards ...

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Request for Help

As a family with two young children, this situation has been a lot to take on. We take the view that what we have done is worthwhile, and if successful will benefit other doctors and patients; but it has come at a huge cost to us as a family. Raising concerns in the NHS and whistle-blowing litigation is not for the faint hearted ...

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THE FULL CASE

My name is Chris Day. I qualified as a doctor in 2009 and was on a formal career path to being a consultant. I am now over a year down a somewhat different road pursuing claims of whistle-blowing detriment in the Employment Tribunal and Employment Appeal Tribunal (EAT) ...

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