16.10.18
Junior doctor withdraws legal challenge arguing that whistleblowing ruined his career
The junior doctor who claimed that whistleblowing ruined his career has withdrawn his case against Health Education England (HEE) and Lewisham and Greenwich NHS Trust.
After six days of evidence at the Employment Tribunal, it was agreed that Dr Chris Day had acted “in good faith” when “raising patient safety” and that he had “not been treated detrimentally on the ground of whistleblowing.”
Dr Chris Day fought a four-year legal battle after he said he was unfairly dismissed by his NHS trust for raising issues with unsafe understaffing and safety measures at the intensive care unit of the Queen Elizabeth Hospital in Woolwich, South London.
Day originally claimed that after he repeated his concerns to HEE it deleted his training number, making it impossible to continue his training. However, HEE claimed that it was not legally his employer.
Now, in a statement agreed by all parties, Dr Day, Lewisham and Greenwich NHS Trust and HEE said that Dr Day had performed a public service in establishing additional whistleblowing protection for junior doctors.
They also said that the tribunal was likely to find that both the trust and HEE acted in good faith towards Dr Day following his whistleblowing and that Day had not been treated detrimentally.
The junior doctor’s claims were dismissed after he withdrew his case part way through the hearing.
In a separate statement, the HEE said: “We have always been clear we did not act against Dr Day because of his protected disclosures or cause him any detriment.”
HEE added: “We hope that all doctors and other staff know they will be supported by HEE should they blow the whistle and that HEE has not and will not cause detriment to those that do.”
Back in July, doctor and SNP MP Philippa Whitford called for new legislation around whistleblowing, telling MPs that the current law is outdated and didn’t encourage whistle-blowers.
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