Doctors face risks when whistleblowing in NHS

Doctors and healthcare professionals who provide evidence during public inquiries into NHS failings are increasingly becoming what two leading solicitors are calling the “hidden victims” of the system. Liam Entwistle, an employment law specialist at Wright, Johnston & Mackenzie LLP, and Darren Deery, partner and head of Clinical Negligence Scotland at Irwin Mitchell Scotland, have highlighted the vulnerability of these individuals in the wake of sustained scrutiny following their whistleblowing efforts. They emphasise the importance of understanding legal rights and protections that exist for those who come forward with concerns in the public interest.

As the number of public inquiries into healthcare services rises, frontline health workers often find themselves bearing the brunt of the fallout from raising alarms about systemic failings. Liam has pointed out that “public inquiries rely on healthcare professionals being willing to speak openly about what has gone wrong.” Unfortunately, many who do so can end up facing retaliation instead of support. “Examples can include being overlooked for promotion, excluded from opportunities, subjected to disciplinary processes or finding their professional reputation damaged,” he added.

The issue is further compounded by the lengthy nature of investigations, sometimes extending for years. As healthcare regulators focus on the bigger picture, they often overlook the individual costs borne by professionals who dare to step forward. Darren noted that “the consequences can be far-reaching and are not always limited to someone's career,” acknowledging that the stress of involvement in public inquiries can lead to mental health struggles. He explained that “the impact on mental health can be profound and long-lasting, leading to recognised psychiatric injuries such as anxiety, depression or post-traumatic stress."

Under the Employment Rights Act 1996, those who disclose information about wrongdoing are protected from detrimental treatment by their employers. This might encompass being unfairly disciplined, denied training opportunities, or experiencing a diminished professional role. If the mental health of these individuals suffers as a result of their treatment, they may also have grounds for a compensation claim.

The case for robust safeguards for whistleblowers is becoming ever more urgent, as healthcare professionals are often left feeling isolated and powerless after raising concerns. Both solicitors urge those affected to seek legal advice promptly to navigate the complexities of the law and protect their rights.