The whistleblowing case brought by Dr Day against HEE which has been heard at an Employment Tribunal over the past few days has concluded this morning.
Dr Day has withdrawn all his claims against both HEE and Lewisham and Greenwich NHS Trust.
A statement agreed by all parties reads:
After six days of evidence at the Employment Tribunal brought by Dr Day against Lewisham and Greenwich NHS Trust and Health Education England it has been agreed by all parties that:
- Dr Day blew the whistle by raising patient safety concerns in good faith.
- Dr Day has performed a public service in establishing additional whistleblowing protection for junior doctors.
- The Tribunal is likely to find that both the Trust and HEE acted in good faith towards Dr Day following his whistleblowing and that Dr Day has not been treated detrimentally on the grounds of whistleblowing.
- Dr Day’s claims are dismissed upon withdrawal.
The claim brought against HEE and the Trust was settled on the basis of Dr Day withdrawing his case, the published position statement and the parties agreeing not to seek any award for legal cost. No financial payment will be made by HEE as part of the settlement and the settlement is not subject to confidentiality.
Comment on the tribunal outcome from HEE
We have always been clear we did not act against Dr Day because of his protected disclosures or cause him any detriment. We are delighted that it is now accepted that the Tribunal was likely to find that too if the claims against HEE had not been withdrawn and dismissed.
This process has caused tremendous stress for staff involved, especially those accused of causing detriment and we thank them for their forbearance, diligence and commitment and we are delighted that the allegations against them have been withdrawn.
HEE has always supported healthcare staff blowing the whistle, it is part of the education and training we oversee for new clinicians. This process led us to voluntarily agree a new legal route to hold HEE to account should whistle blowing doctors in training feel it necessary and it saw the law change to give access to redress through Tribunal as well.
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.