Doctor whistleblowers in Scotland have spoken out about the “shocking” experiences of repercussions including bullying by managers, being blacklisted, marginalised and having their mental state questioned when they raise concerns internally.
According to a study carried out by British Medical Association (BMA), 87% of those who took part said they encountered challenges to speaking up about concerns in the NHS, while fears around disciplinary procedures and a detrimental impact on their career were raised as issues by potential whistleblowers.
One doctor said their health board had made up false complaints, referred them to the medical regulator and blacklisted them in response to raising concerns.
Another said that the backlash to raising concerns about a manager or patient safety would ruin a doctor’s career and mental health, while a third told of complainants being “interrogated while in tears”.
The survey the study is based on found doctors who were white and older were more likely to be whistleblowers, with one ethnic minority doctor saying that raising concerns is equal to “digging the grave”.
The research carried out by Dr Iain Kennedy, Chair of BMA Scotland, found:
- Less than one in five (17%) were satisfied with their organisation’s response to whistleblowing.
- Just over half (51%) of doctors surveyed had experience of whistleblowing, with patient safety the most common reason for doing so.
- Reported repercussions of whistleblowing included bullying by managers (56%); questioning of mental state (39%); workplace marginalisation (36%) and negative peer response (36%).
- Fears raised by potential whistleblowers include disciplinary procedures (51%); bullying (50%); detrimental career impacts (47%); negative reaction from senior doctors (46%); referral to the General Medical Council (GMC) (45%); and peer disapproval (44%).
Dr Iain Kennedy, Chair of BMA Scotland, led the research and is a former whistleblower himself. He said:
“This study aimed to examine the challenges faced by doctors when speaking up within the NHS and to identify ways to better support whistleblowers or indeed anyone raising concerns with their employer.
“The experiences uncovered by this research – including being bullied, marginalised and even having their mental state questioned – reveal a shocking picture of what can happen to those who do bravely and correctly decide to put their head above the parapet and speak out when things are going wrong.
“While 94% of those in the survey believe whistleblowing enhances patient safety and 90% believe it addresses wrongdoing, it is extremely concerning to find only 17% are satisfied with their organisation’s response.
“It’s frankly shameful that some doctors continue to feel they cannot speak up on behalf of patients without suffering personal consequences – despite all the apparent reassurances to the contrary.
He emphasised how NHS boards must do more to implement whistleblowing procedures which guarantee anonymity and protection for anyone speaking up and they must encourage reporting without fear of retaliation.
If you have been bullied or victimised as a result of whistleblowing, you may be entitled to compensation. Contact Oakwood Scotland today to find out how we can help.
Whistleblowing – What is the law?
In Scotland, whistleblower laws provide protections for individuals who expose wrongdoing. The Public Interest Disclosure Act 1998 ensures that employees can report concerns without fear of retaliation, promoting a culture of integrity and accountability within organisations.
If you are considering making a disclosure, it’s important to understand your rights and the correct procedures to ensure you are fully protected under the law.
In Scotland, whistleblower protections are primarily governed by the Public Interest Disclosure Act 1998 (PIDA). Although this is a UK-wide law, it applies fully in Scotland and provides a legal framework to protect whistleblowers.
Under PIDA, employees can report certain types of wrongdoing in the workplace without fear of being dismissed or facing other forms of reprisal. This protection applies to disclosures made in good faith and that are in the public interest. However, if you do face repercussions after whistleblowing, contact Oakwood Scotland to find out how we can help.
When am I protected?
For a disclosure to be protected under PIDA, it must relate to one or more of the following:
- Criminal offences: This includes fraud, corruption, or any other illegal activities.
- Failure to comply with legal obligations: For instance, breaches of employment law or health and safety regulations.
- Miscarriages of justice: Reporting on situations where justice has been improperly administered.
- Health and safety risks: Any actions that endanger the health or safety of individuals.
- Environmental damage: This includes pollution, illegal waste disposal, and other harmful environmental practices.
- Cover-up of any of the above: Efforts to hide or suppress evidence of any of the aforementioned wrongdoings.
Who is protected?
Protection under PIDA is extended to a broad range of workers, including:
- Employees: Individuals who work under a contract of employment.
- Agency Workers: Those working through an agency or as a temporary worker.
- Self-Employed Individuals: In certain circumstances, such as when they are working under a contract for services.
- NHS Workers: Specific protections are also in place for NHS staff who raise concerns about malpractice or safety issues.
How to make a Protected Disclosure
For a disclosure to be protected under PIDA, it must be made in a specific manner:
- Internal Disclosure: Ideally, employees should first raise the issue with their employer. Many organisations have whistleblowing policies that outline how to do this.
- Regulatory Bodies: If the employee feels that the issue cannot be resolved internally, they may contact a prescribed person or body, such as the Health and Safety Executive (HSE) or the Financial Conduct Authority (FCA), depending on the nature of the concern.
- Wider Disclosures: In some cases, employees may make a disclosure to the media or the public, but this is protected only under certain strict conditions, such as when there is a belief that evidence is likely to be concealed or destroyed.
Advice for Whistleblowers
1) Blow the whistle according to company policy
Make sure you follow the company procedure for whistleblowing. This will ensure you are raising concerns with the right person and the investigation will be flagged correctly.
You should follow this procedure to ensure that your employer can’t claim that the procedure was not followed and it was not aware of the concerns.
2) Keep a record of your whistleblowing
Keep a record of any evidence you have relating to your whistleblowing.
This might include any e-mails relating to your concerns, or any pictures of the dangerous activity you are reporting.
3) Use a regulator
If you know that your employer is already aware of the wrongdoing, and your involvement would not be welcomed, it may be best to ask an employment solicitor for advice on the best route to blow the whistle.
4) Don’t go to the press
Whistleblowing legislation is there to protect people who blow the whistle in the right way and for the right reasons.
If you reveal your concerns via social media or by going to the press, you may not be entitled to receive the legal protection you’ll need.
5) Don’t worry about confidentiality clauses
Many employers ask employees to sign non-disclosure agreements, to ensure confidentiality. But, NDA’s do not prevent you from legitimate whistleblowing.
Regardless of what you have signed, if illegal conduct is being carried out, you still have the right to blow the whistle.
However, it is advisable to seek advice from an employment solicitor if you’ve signed an NDA.
6) Protection against retaliation
One of the key aspects of whistleblower protection is ensuring that individuals are not subjected to retaliation. This includes protection from:
- Dismissal: Employees cannot be legally dismissed for making a protected disclosure.
- Detriment: Any form of punishment or disadvantage, such as demotion, denial of promotion, or other negative treatment because of whistleblowing.
- Harassment or Bullying: Employers must ensure that whistleblowers are not harassed or bullied by colleagues as a result of their disclosure.
If an employee believes they have been treated unfairly after making a protected disclosure, they can take their case to an employment tribunal. If the tribunal finds in their favour, they may be awarded compensation.
7) Whistleblowing and the public interest
A significant aspect of PIDA is that the disclosure must be in the public interest. This means that the issue must affect others besides the whistleblower. Personal grievances, such as individual workplace disputes, typically do not qualify unless they also have broader implications.
Why choose Oakwood Scotland Solicitors?
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
Further reading
Clinical Negligence – Oakwood Scotland Solicitors
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