Hospital whistleblower wins right to protection in landmark case
The tribunal ruling will have massive implications for those who sit on trust boards across England.
4mMax McLean didn’t see himself as a whistleblower. As chair of the Bradford Royal Infirmary he had simply raised a number of issues including preventable deaths in newborn babies
But he was, he claims, forced out by the Board. And when he tried to take the trust to an employment tribunal, they argued that he was not a worker and was not protected under whistleblowing law.
Now, in a landmark ruling, the tribunal said he was a worker and was protected. The tribunal ruling will have massive implications for those who sit on trust boards across England.
Too often when there have been scandals involving patient care there has been a resounding silence from those who are meant to be holding senior executives to account. Now they are being told that they can speak up and that they will be protected.
Dr McLean, a former police officer, had been trust chair for two years when he raised his concerns, which were confirmed by an independent report.
He told Channel 4 News: “There is no freedom to speak up. It is a sham.”
Bradford West MP Naz Shah said she was due to meet with the health minister to discuss her ongoing concerns while the Department of Health and Social Care said they were working with NHS England to establish exactly what had happened at Bradford and what actions had been taken.
Dr McLean said he had taken the case because he wanted to do what was right by the bereaved families and for the community that is served by the hospital.
The trust itself said it could not comment while legal proceedings were underway.
