MoD faces whistleblowing claim from doctor sacked by text

The Employment Tribunal has ruled that Dr Stephen Frost can bring a whistleblowing claim against his former employer, the Ministry of Defence (MoD).

Frost was summarily dismissed by text and email while on holiday in September 2013 after blowing the whistle on potential criminal activity at Weeton Barracks in Lancashire.

The MoD is disputing the claimant's case on the basis that he was not a 'worker', despite having worked almost exclusively for the MoD for almost 20 years through agencies.

The ministry also sought to strike out Frost's claim on a technicality, arguing he did not plead a whistleblowing claim despite it being clearly stated on the original claim form.

In a preliminary hearing at Manchester Employment Tribunal, Judge Rebecca Howard ruled in favour of the claimant and allowed him to provide further and amended particulars.

In her judgment, Howard said that the injustice to Frost of not allowing him to continue with his claim far outweighed any prejudice to the MoD.

Frost started work at Weeton Barracks on 22 July 2013. On 6 August 2013, he became aware of an alleged serious dispensing error involving dangerous controlled drugs, namely Morphine Sulphate tablets, which had supposedly occurred almost two weeks before he started work.

It was alleged that the strength of the tablets dispensed was six times the normal strength. The normal strength had been correctly prescribed by another doctor who, by the time the dispensing error was discovered, no longer working at the medical centre.

Frost expressed his concerns to members of the practice team and later to the internal investigating team. Frost was of the belief that some form of illegal activity may have taken place. It later became apparent to him that 2400 mg of Morphine Sulphate tablets had been misappropriated.

It is alleged Frost expressed his view to the investigating team that a police inquiry was necessary due to suspected criminal activity. Instead, three weeks later, he was summarily dismissed by text and email while on holiday, without any reason given or without due process.

Frost's case is that he made protected disclosures regarding alleged illegal activity within the MoD and, as a result, was unlawfully dismissed.

Commenting on the case, Shah Qureshi, partner and head of employment law at Bindmans, said: "Dr Frost believes he was summarily dismissed because he shone a spotlight on potential criminality at a military barracks. Other members of staff involved continue to work for the MoD while my client has lost his livelihood. To this day it is unclear as to whether the matter was ever referred to the police."

Shah Qureshi also expressed concern about the unsuccessful attempt to strike out the claim: "It is of great concern that the Ministry of Defence tried to get this claim struck out on a technicality. It is of immense public importance that whistleblowers enjoy maximum protection before the law."

John van der Luit-Drummond is legal reporter for Solicitors Journal