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Whistleblowing law - Dr Chris Day’s appeal is upheld by the Court of Appeal

Dr C M Day v (1) Lewisham and Greenwich NHS Trust (2) Health Education England A2 2016 1898

The judgment of the Court of Appeal in this case was handed down today and can be accessed here.

This decision is a great achievement for our client and all who supported him. Health Education England plays a key role in junior doctors’ careers. Health Education England has tried to argue itself out of whistleblowing liability without the evidence being properly scrutinised. After an appeal process which has taken two years Dr Day has held HEE to account. There will now be full disclosure of the relevant documents and the evidence will be heard in full at a preliminary hearing to determine whether junior doctors have whistleblowing protection against HEE.

The Court of Appeal’s decision also has important implications for the 865,000 agency workers in the UK. Like junior doctors they too are recruited by one organisation to work for another. The Court of Appeal’s decision makes it clear that agency workers can claim whistleblowing protection against both their employment agency and against the organisations where they work – assuming both substantially determine their terms.

Tim Johnson/Law represented Dr Day at the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal. James Laddie QC and Chris Milsom appeared on his behalf in the Court of Appeal.

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