Writing in 2007 in the British Medical Journal Anthony Frais criticised the decision of whistleblowers such as Graham Pink to blow the whistle on insufficient staffing where this impacted patient safety in the following terms: Pink ignored the option not to whistleblow despite the repercussions on his career. With the odds of success against him, … Continue reading The BMA, 54000 Doctors, and NHS Whistleblowing →

Section 43A-L of the Employment Rights Act 1996 provides that if a worker is subjected to a detriment because of their whistleblowing they have a right to complain to an employment tribunal; it is an important right that – however inadequately – provides some assurance that a worker will not be penalised for raising concerns … Continue reading Jeremy Hunt: Protecting NHS Whistleblowers, except Junior Doctors →

Over on Secret Barrister there is a superb post on hearsay evidence in criminal trials. This comes in the wake of media fury that Clayton Williams, convicted of the manslaughter of PC Dave Phillips but acquitted of his murder, allegedly signaled what could be interpreted as an intention to run over PC Phillips in the … Continue reading Hearsay →

It is (in most cases) unlawful to not select a candidate to a job because they are disabled or for reasons related to their disability. It is difficult to be precise but it is a rare employer where the success rates of disabled candidates applying for posts equals the success rates of non-disabled applicants. Anecdotally, … Continue reading Knowledge of Disability in Recruitment Processes →

When an employer commits a serious breach of contract that an employee believes undermines their contract common law dictates that they have two choices. They can: Accept the breach and continue working (perhaps because the employees would face destitution if they were not not do so) Resign their employment (making sure they inform the employer … Continue reading Constructive Dismissal with Notice →