Harrogate legal firm speaks about its role in 'landmark case' on NHS whistleblower after Leeds tribunal
A Harrogate legal firm has talked about its role in a “landmark case” which promises to make history when it comes to whistleblowing in the NHS.
Richard Port of Harrogate-based Boardside Law said the result of an Employment Tribunal preliminary hearing in Leeds in the case of Mclean v Bradford Teaching Hospitals NHS Foundation Trust was a “crucial step forward” for his client, Dr Maxwell Mclean.
The latter’s claim, that his contract was ended after he raised a series of whistleblowing allegations against Bradford Teaching Hospitals NHS Foundation Trust and that he suffered detriments for carrying out his lawful duties, will now proceed to a full hearing in Leeds.
Dr Mclean served as Chair of the Bradford Teaching Hospitals NHS Foundation Trust from May 2019 until October 2023 until, he says, his contract was terminated after he raised serious concerns about what he said were major shortcomings in the standard of its leadership that contributed to preventable infant deaths, the endangering of patient safety and staff wellbeing.
The former Chair is so committed to his cause, he launched a CrowdJustice to help finance his legal challenge against the NHS.
Speaking after the preliminary hearing in Leeds, Mr Port said that the ruling that Dr Mclean’s status was that of a worker under employment law, despite his senior role, would help to ensure that Trusts would no longer in future be able to hide behind a legal loophole when it came to whistleblowers.
"This is a crucial finding as it allows our client to now move on to the main part of his claim, namely that his contract was brought to a premature end in response to him raising a series of whistleblowing allegations against the Trust and against the CEO in particular,” said Richard Port, Principal Solicitor at Boardside Law, a niche legal practice in Harrogate specialising in employment law, business immigration, commercial, corporate governance and general counsel services.
"For us, as employment lawyers, it is nonsensical that those responsible for overseeing the executive function of an NHS trust should not have the protection of the law when they raise concerns that the function is not being carried out properly in accordance with the expectations of the regulator (NHS England).
"This Ruling will help to ensure that simply holding a senior office within the NHS does not allow Trusts to hide behind a legal loophole which potentially would have prevented full protection for all kinds of whistleblowers.
"Our client has overcome his first significant hurdle and now moves to the substantive hearing.
"He has invested significantly in bringing his claim and has found truly appreciated support of others following his campaign through CrowdJustice."
Dr Maxwell Mclean said: “This is a landmark judgement.
"Following the preliminary hearing, I am very pleased that the Employment Judge has found that my status as the Chair of Bradford Teaching Hospitals NHS Foundation Trust was that of a worker under employment law.
"It is important that all those who sit on NHS Boards are capable of serving their immediate communities first and foremost, without fear and without favour.
"I am grateful for all those who have supported my legal fight to date.
"Sadly for me, the fight goes on and with it the associated legal costs.”
More information on Harrogate firm Boardside Law at: www.boardside.co.uk