Whistleblower Lancaster surgeon wins case for unfair dismissal

The British Medical Association successfully supported orthopaedic surgeon Shyam Kumar, 55, in his whistleblowing case against the Care Quality Commission (CQC) after he was sacked by the regulator.

Orthopaedic surgeon Shyam Kumar worked part-time as a special advisor on hospital inspections for the CQC, but between 2015 and 2019 he raised several concerns with senior colleagues at the regulator, including around safety at his own trust Morecambe Bay, and said that he was expected to simply “rubber stamp” inspections. He was then dismissed by the CQC in 2019.

The Manchester Employment Tribunal found that Mr Kumar had been unfairly dismissed, with the safety issues he raised playing a significant part in this.

Dr Kumar who worked for the CQC from 2014-2019 said: "It has been an agony for four years. It is a good feeling to be vindicated.

"The whole energy of a few individuals in the CQC was spent on gunning me down, rather than focusing on improvement to patient safety and exerting the regulatory duties."

Professor Philip Banfield, BMA council chair, said: “It is absolutely paramount that doctors are able to raise safety concerns without fear of recrimination or backlash from employers.

“This judgment clearly underlines the fundamental need to protect whistleblowers and is a significant legal victory that the BMA is proud to have supported. That such a case happened within the very organisation that is meant to safeguard standards within the NHS and social care is incredibly concerning indeed and the CQC must answer serious questions about its culture and the policies that allowed this to happen.

“The BMA is clear that the NHS and the whole health and care system must have an open, learning culture where doctors and their colleagues can be confident in speaking out when they see patient safety at risk, and we are committed to safeguarding our members’ whistleblowing rights wherever they work.”

He added: "Rather than punishing those who bravely speak up, the system should be supporting them, so that steps can be taken to improve safety for both staff and patients.”