It's not just a doctor and patient safety under attack in this case, it's justice itself

It seems to me that the medical profession is under attack in the UK in a way that has never happened before. Whether it’s pay and conditions, training or attempts to dumb down or even re-invent what a medical practitioner is through the evolving status of Physician Associates. From this hostility, also under threat is the doctor patient relationship which seems to be if not on its way out being significantly undermined by an intentional move from the Government to change the standard of NHS healthcare being offered to the public. Now I wonder why they would want to do that?

It is more important now than perhaps it has ever been for doctors that say things important in the public interest, to be able to trust the legal system with their patients, career and security.

On 27 February 2024 with the support of the BMA, I am going to the Employment Appeal Tribunal in London to argue some quite unbelievable things that frankly shouldn’t have to be argued at all (outside a banana republic). They are as follows;

• That it was an obstruction of justice in a whistleblowing case for a Judge to turn a blind eye to an NHS Director, getting up at 5am to delete 90,000 emails before they were due to give evidence in my whistleblowing case, then be allowed to withdraw from cross examination without any attempt to hold them or the NHS to account (see Computer Weekly Coverage).

• That it was an obstruction of Justice for the same Judge to also turn a blind eye to another NHS Director that was running my whistleblowing case for 4 years having their entire NHS email deleted and then also not be produced by the NHS as a witness in court to be cross examined.

• It is perverse and frankly ridiculous for a Judge to find that my whistleblowing safety concerns were not to do with an Intensive Care Unit and were a one of issue to do medical ward cover one night. This shambolic judicial finding was made after me and 2 consultant anaesthetists both in verbal and written evidence made clear to the Tribunal (and a public gallery) the extent and seriousness of the the ongoing safety issues at the centre of my case that clearly involved an Intensive Care Unit and were also linked to 2 avoidable deaths that were also described clearly but ignored by the Judge. (Dr Smith evidence is here and Dr Hormaeche evidence is here).

• It is perverse and frankly ridiculous for a Judge to effectively find that I had made up a series of cost threats to explain, why I settled and withdrew my whistleblowing case, why I made public statement indicating the NHS had acted in good faith in my case and lastly, for some reason decided to protect all the NHS lawyers in the case from wasted costs stemming from misconduct. The Judge was clearly shown written evidence from my former barrister of multiple proposed applications for costs and wasted costs that were used to induce the settlement of my case and my agreed statement saying the NHS had acted in good faith. The Judge's findings on the cost threats in my case denying their existence insults peoples' intelligence given the evidence see below.

• If the above evidence was not enough, the Judge was also shown how this evidence from my former barrister convinced 2 MPs that are former lawyers to write to the Secretary of State for Health to complain about the cost threats used to pressure me into settlement.

The misleading narrative on my whistleblowing case and how it settled was concocted to make me out to be a liar to the press, MPs and now has been endorsed by an Employment Tribunal, published their Judgment online for all to see. I have written an article about my appeal that challenges the Employment Tribunal's June 2022 judgment that endorses the obviously false positions provided to the press and MPs about my case and also turns a blind eye to multiple acts of concealment and destruction of evidence.

I am lucky to have thousands of crowdfunders and numerous journalists that know the truth about what the evidence shows in my case. However this has not stopped the NHS and its lawyers lying to the press, MPs and the public about my case and a Judge turning a blind eye which should concern us all. This legal press piece and Private Eye piece puts the reality of my whistleblowing disclosures beyond any kind of doubt and is robustly based on the legal papers in my case.

However not all doctors have crowdfunders and journalists to scrutinise their situation. It is therefore important that the legal system is held to account in my appeal. The system cannot be permitted to make facts up as it goes along contrary to clear evidence and let NHS executives destroy evidence just to get powerful NHS leaders and lawyers off the hook in a whistleblowing case.

I hope you are with me on this. They will do the same to you if a strong message is not sent. You are welcome to attend the EAT on 27 February 2024 at 10am.

Dr Chris Day

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