GP whistleblowing – Landmark case – Rahman Lowe Solicitors

A GP has been given the go ahead to bring a whistleblowing claim against her health board in a fact sensitive case.

In Ferguson v Abertawe Bro Morgannwg University Health Board, Dr Ferguson, a GP, told the Health Board which governed her practice that a fellow GP had wrongly prescribed a drug. She claimed that as a result of her disclosure the Board subjected her to a detriment by failing to protect her from reprisals from fellow GPs.

The Employment Appeal Tribunal (“EAT”) upheld the decision of the Tribunal to reject the Health Board’s application to strike out the claim. The EAT held that a choice by the Board not to take an action that it legitimately could have taken is capable of being a deliberate failure to act. Dr Ferguson has been permitted to continue with her whistleblowing claim and the case is due to be heard on 22 July 2013.

Legal experts said the ongoing claim will challenge the orthodoxy that ‘oversight’ primary care organisations have no duty to protect GP whistleblowers from reprisals from within their own practice when they make whistleblowing disclosures against partners in a GP practice.

Jahad Rahman, a partner at Rahman Lowe Solicitors and a specialist in employment law said: ‘This case will have enormous implications for the GP profession as it is likely to encourage other GPs, including partners of GP practices to “blow the whistle”.

“Furthermore, health boards and [CCGs] will need to ensure they deal more openly with whistleblowing complaints; that they properly investigate concerns and take steps to prevent GPs from being subjected to reprisals from their colleagues.”

Jahad’s comments were published in The Pulse Magazine, which has been at the heart of general practice since 1960. To read the article in full, click here.

Rahman Lowe Solicitors specialise in whistleblowing victimisation claims and we have a track record of success in securing substantial compensation for senior executives, including Vice Presidents and Directors of investment banks, GPs, pharmacists, partners of law firms and professional services.

Get in touch with our London based employment lawyers today to discuss your concerns. Our expert whistleblowing solicitors can be contacted on 0207 956 8699 or email info@rllaw.co.uk.

 

 

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