Legal challenges

Seeking protection for NHS whistleblowers who go to the media as a last resort

 Assisi

 

The 2012 High Court case vs Alder Hey

High Court claims may be lucrative for British Medical Association (BMA) lawyers, but their deals are poor value for safety and the public purse. Cross-examination may force whistleblowers to out themselves as sources, although a journalist would be protected for refusing. More info

 

The 2016 Employment Tribunal (ET) vs Alder Hey

NHS Trusts can’t go after journalists for their sources. However, they can go after likely whistleblowers; pushing them to seek protection from the Employment Tribunal; and force them to out themselves as sources, on cross-examination. More info

 

The 2016 High Court case vs the BMA

The British Medical Association (BMA) has hit on a new way to get around the protection of journalists’ sources: sue their whistleblowers for breach of contract or misrepresentation if they dare not admit to being a journalist’s source when challenged. More info

 

The 2018 Employment Appeal Tribunal (EAT) vs Alder Hey

The Employment Appeal Tribunal (EAT) really restricts scrutiny to points of law, so the Employment Tribunal (ET) retains tremendous power. It can render opinion as fact, and vice versa, leaving whistleblowers with few options. The hearing is not recorded, so it’s a struggle for whistleblowers if the ET misses key evidence. More info