Doctors who whistleblow at NHS inquiries risk becoming hidden victims, solicitors warn

-Employment law specialist Liam Entwistle and clinical negligence partner Darren Deery warn that doctors who give evidence during public inquiries may be entitled to compensation if they suffer retaliation or psychiatric injury –

Doctors and healthcare professionals who come forward to expose failings in NHS services risk becoming the “hidden victims” of public inquiries, two leading Scots solicitors have warned. Liam Entwistle, employment law specialist at Wright, Johnston & Mackenzie LLP (WJM), and Darren Deery, partner and head of Clinical Negligence Scotland at Irwin Mitchell Scotland, are urging healthcare professionals to be aware of their legal rights after speaking up in the public interest.

The warning comes as public inquiries and investigations continue to examine failings across healthcare services, relying heavily on evidence from frontline doctors, nurses and other NHS staff.

However, while such inquiries are intended to improve patient safety and identify systemic issues, rising numbers of healthcare professionals are being faced with significant personal consequences after raising concerns or providing evidence.

Liam said: "Public inquiries rely on healthcare professionals being willing to speak openly about what has gone wrong. Yet we continue to see situations where doctors and other NHS staff who raise concerns become hidden victims, as they find themselves facing repercussions after doing exactly what they were encouraged to do.

"Examples can include being overlooked for promotion, excluded from opportunities, subjected to disciplinary processes or finding their professional reputation damaged.

"Those who act in the public interest deserve support and protection, not retaliation. Many people are unaware that the law provides important safeguards, but strict time

limits can apply, making it vital that individuals seek advice as early as possible if they have concerns."

Recent years have seen a growing number of high-profile inquiries and investigations into healthcare services, including maternity care, patient safety and wider NHS culture.

While inquiries focus on identifying organisational failings, those involved with whistleblowing often face intense scrutiny over prolonged periods, with proceedings sometimes lasting several years.

Under the Employment Rights Act 1996, workers who make disclosures are protected from being subjected to detriment by their employer. This can include being denied training opportunities, having responsibilities reduced, being excluded from workplace activities, facing unfair disciplinary action, or being refused references.

In some cases, compensation may also be available where an individual's mental health has been adversely affected by the treatment they have received.

Darren said: "The consequences can be far-reaching and are not always limited to someone's career. Being involved in a public inquiry can be an incredibly stressful and isolating experience, particularly where an individual feels they are being treated differently after raising concerns.

"In some cases, the impact on mental health can be profound and long-lasting, leading to recognised psychiatric injuries such as anxiety, depression or post-traumatic stress.

"Where employers fail to take reasonable steps to protect staff from foreseeable harm, there may be grounds to pursue a claim for compensation in addition to any employment law remedies that may be available."