Submission on protecting junior doctors who disclose wrongdoing in the public interest from Health

Education England to the Health & Social Care Commission of Labour’s National Policy Forum

Protecting junior doctors who disclose wrongdoing in the public interest from Health Education
England would answer in part the question “What should Labour’s key priorities for health and
social care be in order to provide high quality care for patients?” asked in the Health & Social Care
Commission’s discussion paper.

An employee who discloses wrongdoing in the public interest (“whistleblows”) enjoys protection
from their employer under the Public Interest Disclosure Act 1998 (PIDA). Health Education
England (HEE) is an executive non-departmental public body of the Department of Health which
controls the employment of junior doctors in so-called “training” (promotable) jobs. It does not
employ junior doctors directly and for this reason junior doctors who whistleblow do not enjoy
protection under PIDA from HEE.

This lacuna in employment law regarding whistleblower protection is illustrated by the case of Dr
Chris Day, who whistleblew and alleges that he suffered detriment and career loss due to the actions
of HEE. HEE has argued successfully that junior doctors who disclose wrongdoing in the public
interest do not enjoy protection under PIDA from HEE because HEE does not employ junior
doctors directly. Dr Day’s case is described in more detail at http://www.54000doctors.org .

I would like to submit a proposal to protect junior doctors who disclose wrongdoing in the public
interest from Health Education England in the same manner that an employee who discloses
wrongdoing in the public interest is protected from their employer.