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Cover-up: NHS England’s National

workforce improvement Tzar, Davis


Davis harasses his colleagues and
threatens colleagues

David
Davis

NHS England (NHSE) has been covering up harrasment against a whistleblower, by a Senior Executive
responsible for improving workforce and patient safety throughout the NHS.

A National Clinical Lead, David Geoffrey Davis, in charge of improving workplace conditions for
doctors, clinicians and staff throughout the NHS, harasses and threatens his colleagues, which NHS
England’s Chief Executive Simon Stevens has been covering up.
We release evidence in the public interest with this article, due to a deliberate systematic failure to
protect NHS Staff and patients1. We also appeal for witnesses to come forward.

Davis, 45, a Paramedic, and a Clinical lead in charge of improving workforce mental health, training
and reducing staff turnover – with currently over three hundred thousand jobs left vacant in the NHS.

Davis, boasts in a presentation delivered to


Nuffield Health on his National Workforce Achievements

Davis has also worked on programmes dedicated to reducing high suicide rates among clinicians who
commit suicide under investigation1. During his time in an urgent and emergency care workforce
development programme, Davis threatened and harassed a colleague referred to as WB1 to respect his
right to confidentiality.

Davis asked WB1 “do you know how many clinicians commit suicide under investigation?” When
WB1 complied with his contractual duty to blow the whistle to Simon Stevens – raising the alarm
about a race hate campaign and fraud – Davis reacted with an e-mail to “progress” an investigation
against WB1 – even though NHS England had formally frozen this bogus investigation.

In raising his concerns, WB1 wrote to Stevens that Davis, diabolically, had brought in a black agency
worker (Sharon Sinclair) to make false allegations against him from the Department of Health, and
repeatedly attempted to obtain WB1’s Government ID card.

Sinclair who testified at a trial that she was working for the Department of Health at the time, despite e-
mail’s showing her working at NHS Improvement1 – it is believed this was a failed attempt to set up
WB1 with very serious allegations as cover – which failed.

WB1 had also reported the incident’s to the NHSE’s race equality Tzsar Yvonne Coghill OBE. Instead
of ensuring a proper investigation, NHSE manipulated several crucial pieces of evidence, such as the
two-page statement of Coghill allegedly created in 1 minute, and began to produce a number of false
testimonies1.

NHS England is a Department of Health body, with a racial harrasment problem from management, as
high as 55.2% according to its own published survey in 2017. According to its own official briefings,
racial harrasment and discrimination against whistleblowers put patient lives at risk.

The Trial

At a trial held in the Royal Courts of Justice between 3-11 December 2018, Davis produced a written
statement denying the allegations including harrasment, despite the evidence clearly showing he was
lying1. Even though Davis claiming he is a union rep and denied his part in harassing WB1, clearly by
sending an e-mail to “progress” an investigation to terminate WB1’s contract without due process and
no belief of management in his trumped up allegations – which Davis can be seen editing1.

The trial Judge Stephen Hellman stopped cross examination of Davis repeatedly when he was asked
‘When did you disclose protected disclosures sent to Simon Stevens’ on day 6 of the trial.

NHS England, the only party represented at trial by taxpayer funded lawyers DAC Beachcroft, argued
that NHS staff bands 7-9 which require three months’ notice to terminate – do not require any notice
all. Judge Hellman, despite this being so obviously false agreed with them – making it law that no
employer has to give any employee contractual notice!
Judge
Stephen Hellman

The Judge also decided to ignore the evidence of Davis’ Personal assistance, who according to her
emails, Davis would call her a “C**t and harass her on her days off to find Davis’ “dog grooming”
appointments1.

Judge Hellman, ignored whistleblowing rights on the National NHS Terms and Conditions of Service,
and also decided that NHSE and Davis’ conduct fell in a legal ‘exclusion area’ despite the House of
Lords, now the Supreme Court declaring “Exceptionally this is not so2.”

Judge Hellman decided that the remainder of the case, were NHSE did not give WB1 any right to due
process in terminating his contract, has to be dealt with by a lower court, the employment tribunal;
while completely abusing his position by even inventing parts of evidence in favour of the Defendants.

Documents we are currently reviewing show that Davis has been almost back to back in courts over
years being tried on the same issue, while costing the tax payer in the hundreds of thousands!
Members of Parliament

Complaints sent to the Minister of Justice, David Gauke MP were responded to on his behalf with
sarcastic “concern” but no investigation – this means Judge Hellman still sits in courts deciding cases
without a proper judicial investigation or review!

Complaints sent to Matt Hancock requesting an investigation, resulted in NHSE making threats
through their lawyers DAC Beachcroft against WB1 with financial sanctions – despite his predecessor
Jeremy Hunt declaring in Parliament to pursue “criminal sanctions” against NHS officials producing
false statement, and “NHS England” to find whisteblowers new employment3

Evidence/references

1
See attached court exhibits below

evidence-davis-nhse-redacted_redacted Download

2           
House of Lords cited in Harvey’s Employment Law [398.01]

29.     Exceptionally this is not so. Exceptionally, financial loss may flow directly from the employer’s
failure to act fairly when taking steps leading to dismissal. Financial loss flowing from suspension is
an instance. Another instance is cases such as those now before the House, when an employee suffers
financial loss from psychiatric or other illness caused by his pre-dismissal unfair treatment. In such
cases the employee has a common law cause of action which preceded, and is independent of, his
subsequent dismissal. In respect of his subsequent dismissal he may of course present a claim to an
employment tribunal. If he brings proceedings both in court and before a tribunal he cannot recover
any overlapping heads of loss twice.”

3 Jeremy Hunt MP, declared in his public statement in parliament on 11 February 2015 [extracts]:

https://www.gov.uk/government/speeches/francis-report-update-and-response

“Sir Robert confirmed the need for further change in his report today. He said he heard again and
again of horrific stories of people’s lives being destroyed because they tried to do the right thing for
patients: people losing their jobs; being financially ruined; brought to the brink of suicide; and family
lives being shattered. Eminent and respected clinicians had their reputations maligned.

There are stories of fear, bullying, ostracisation, marginalisation as well as psychological and
physical harm. There are reports of a culture of “delay, defend and deny” with “prolonged rants”
directed at people branded “snitches, troublemakers and backstabbers” and then blacklisted from
future employment in the NHS as the system closed ranks.

We will also provide practical help through Monitor, the Trust Development Authority and NHS
England to help whistle-blowers find alternative employment.

We have also introduced criminal sanctions against those who wilfully neglect patients and those who
provide false or misleading information”.

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