We recently won leave to appeal the Preliminary Hearing Judgment that agreed with HEE’s approach. If our appeal fails the Judgment will be binding on all future whistle-blowing cases. In other words, if we lose, Deanery doctors who can be experienced registrars close to being a consultant will not have their careers protected by the whistle-blowing laws that protect all other NHS staff.
We are going to a full appeal hearing on 10 February 2016.
The appeal was initially rejected on paper sift by the EAT, but this decision was reversed at an oral Hearing on 26 August 2015. The EAT acknowledged the importance of the appeal. Mr Recorder Luba QC stated:
“If the construction taken by the Employment Judge is right, then there would appear to be a lacuna in respect of the ability of a junior doctor to complain of detrimental treatment on account of a protected disclosure at the hands of the body responsible for his or her training and, ultimately career progress. It might be thought that this is something of a significant lacuna, if it exists, given the other categories of health related workers identified in the various subparagraphs of subsection 43K (1)…”
There is.. an underlying general importance in the issue being clarified as between not only Dr Day and the Second Respondent but in respect of the interests of all other junior doctors who are following a program established by the Second Respondent Health Education England.”
Instead of fighting the case on the facts, the NHS, the Deanery/Health Education England and the Secretary of State for Health instructed 4 separate law firms against me ...READ MORE
My Trade Union, the BMA, initially supported my case and their law firm, Gateley, were preparing proceedings against the Trust and Deanery. The BMA insisted that the NHS and Deanery carry out formal investigations ...READ MORE
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 ...READ MORE
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) ...READ MORE