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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. Suddenly, 5 working days before the claim had to be submitted and before the delayed Trust and Deanery formal investigations had reported, the BMA withdrew all legal help from the case and my BMA Senior Industrial Relations Officer went on “special leave”.

The actions of the BMA and Gateley have been criticised by the Legal Ombudsman who recommended a small award of compensation which I declined in order to keep my options open regarding the BMA.

The BMA are also failing to support our appeal. This is difficult to justify, as the appeal’s only focus is whistle-blowing protection for 54,000 doctors. The BMA refused to provide the legal advice they had received from a Barrister regarding the Appeal until 1 day after the deadline to lodge the Appeal at the EAT.

It is difficult to comprehend that firstly the NHS is spending tax payers money trying to argue 54,000 doctors out of whistle-blowing protection and secondly that the BMA are not opposing this and have indeed been obstructive to our efforts in the EAT by providing their legal advice after the deadline.

7. Our Appeal

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 ...

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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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