Matrix members involved in major whistleblowing appeal


James Laddie QC and Thomas Linden QC were both involved in a ground-breaking Court of Appeal case in Day v. Health Education England.  The Court of Appeal held that Dr Day, a trainee junior doctor who contends that he was subjected to detriment after raising concerns about patient safety issues, could bring a whistleblowing claim against both the Trust that employed him and Health Education England, with whom he had a training agreement.  The judgment is important in establishing the breadth of the definition of “worker” for such claims and for confirming that workers who claim that they have been victimised for whistleblowing may be able to bring claims against any person who has substantially determined their terms of employment, and not just the formal employer.  The judgment is seen as being of particular importance for junior doctors, but it also enhances the employment rights of all agency workers.  James acted for the successful appellant, Dr Day.  Thomas appeared on behalf of the intervener, Public Concern at Work. Please click here for further details on the judgment.