Case Study

Whistleblowing Doctor
A whistleblowing heart doctor who sounded the alarm about poor care and patient deaths
at his own hospital has won a major legal victory against his NHS employers, whose attempts
to pursue ultimately unsubstantiated allegations against him cost £6m of public money.
An employment tribunal has ruled that Dr Raj Mattu was unfairly dismissed by the
Walsgrave hospital in Coventry, and suffered a series of "detriments" after he spoke out
about what he saw as dangerous conditions, including too many patients' beds being
squeezed together to help relieve overcrowding.

Mattu was sacked by University Hospitals Coventry and Warwickshire NHS Trust in 2010,
nine years after he first aired his concerns publicly about what he said was dangerous post-
operative care. He highlighted a series of worries about patient safety, including the cases of
two patients who died in crowded bays. He voiced alarm at the hospital's "five-in-four"
policy, under which – to save money – an extra fifth bed was placed in a bay intended for
only four patients. The Commission for Health Improvement, the then NHS watchdog,
condemned the practice and criticized the hospital, which it said had a much higher death
rate than should have been expected. An employment tribunal sitting in Birmingham under
Judge Hughes ruled this week that 54-year-old Mattu had been unfairly dismissed and would
receive compensation, which will be decided later.

The trust ran up over £6m in legal fees in its long quest against Mattu, which he said was a
campaign of vilification designed to discredit him for no reason. The General Medical Council
decided not to proceed to an inquiry after looking into more than 200 allegations the trust
made against him. It also hired private detectives to investigate the cardiologist and a public
relations agency to handle media interest in the long-running case, which saw Mattu receive
significant support from his medical colleagues.

Mattu had been "vilified, bullied and harassed out of a job he loved", the doctor's lawyer
claimed. "This has been a David v Goliath legal battle, which I am delighted to have won for
my client," said his solicitor, Stephen Moore. "This case has brought to light the appalling
way whistleblowers are still being treated and raises important and wider issues that should
be addressed."

In a statement, the trust said it was "disappointed by the employment tribunal's decision
that the dismissal of Dr Mattu was unfair, given that the procedure followed by the trust was
reviewed by the court of appeal in March 2012, when it found in the Trust's favour".
As a trust, we will continue to support all our staff to raise issues of concern in our effort to
provide continuous improvement in our services to patients." In his inaugural speech as the
new chief executive of NHS England earlier this month, Simon Stevens said that, while every
whistleblower would not always be right, "the fact is, patients' lives are saved when
courageous people speak up – openly and honestly – and when each of us takes personal
accountability for putting things right."

Health secretary Jeremy Hunt has ordered all trusts to be open and transparent and take
whistleblowers' claims seriously, set up a hotline for those with concerns and strengthened
whistleblowers' rights in the NHS staff contract. Hunt said: "This shows just how important it
is that whistleblowers speaking out about poor care can be confident they will be listened
to. Anything less than an open, transparent culture in which NHS staff are supported to raise
concerns is unacceptable."

Q2. Is whistleblowing an ethical or emotional issue? Or is it a matter of conscience? Explain

[4]What is the difference between a whistleblower and spy or mole in the company? [4]

Q3. The NHS trust spent £6m in legal fees. Coud Walgrave hospital handled this matter in a
better way? [3] What could be the reason for the loss of the NHS trust despite using all their
financial and corporate might? [5]

Q4. Can better wages suppress worker’s demand for their Rights? Support your answer with
logical explanation.[8]