Exposing NHS crisis wrecked my career, says doctor
A JUNIOR doctor who raised concerns over staffing levels claims his career has been ruined by a lack of protection for whistleblowers. Dr Chris Day was working overnight in January 2014 when two locum doctors failed to turn up. He had to cover other wards and A&E and reported his concerns to managers.
Since his one-year placement at Queen Elizabeth hospital in Woolwich, South-East London, ended he has failed to find permanent work.
He is now awaiting an employment tribunal ruling after bringing a claim for unfair dismissal and whistleblowing detriment against Health Education England (HEE) and Lewisham Greenwich NHS Trusts.
Dr Day, 31, claims that HEE effec- tively acts an employment agency for junior doctors but is not covered by employment law, leaving whistleblowers in a vulnerable position.
The outcome of his case could have a massive impact on whether the NHS’s 54,000 junior doctors dare risk their jobs by raising safety concerns.
At the first hearing of the tribunal last August Mr Recorder Jan Luba, QC, said there was a need to clarify whether the HEE was technically an employer.
A second hearing took place this month at the Employment Appeal Tribunal in central London and a judgment is expected in the next few weeks on whether to allow the case to proceed.
Dr Day told the London Evening Standard: ‘What my litigation has uncovered is that these quite powerful functions are not governed by any kind of employment legislation. They’ve tried to prevent a whistleblowing court case happening by trying to say junior doctors don’t have whistleblowing protection.
‘If we lose this appeal it will mean the organisation that employs junior doctors long-term can act with impunity.’ Lewisham and Greenwich NHS Trust denied failing whistleblowers. It said: ‘We investigated Dr Day’s concerns in detail. We have robust procedures to support staff who raise concerns and we encourage our staff to speak out when concerns arise.
‘We identified the need to increase medical staffing numbers for the intensive care unit at Queen Elizabeth hospital. The unit is now fully compliant with quality standards.’
HEE said it would not comment during an active legal case.
It was revealed this month that no doctors sacked for exposing care scandals have been given their jobs back at the same level.
Health Secretary Jeremy Hunt has promised to protect whistleblowers from discrimination under legislation to be introduced in weeks.