An NHS doctor has lost his appeal to challenge a court decision that cleared a hospital trust over allegations of deliberately concealing evidence.
The Employment Appeal Tribunal, which considers appeals where mistakes are believed to have been made in the employment tribunal system, has dismissed NHS whistleblower Chris Day’s appeal, concluding the errors made by a previous judge “were immaterial to the outcome”.
Day brought an appeal against a ruling in 2022 which cleared Lewisham and Greenwich NHS Foundation Trust (LGT) of claims that it concealed evidence after one of its communications chiefs had deleted as many as 90,000 “potentially” critical emails midway through a legal hearing.
Appeal tribunal judge Clive Sheldon KC said on 19 August that the 2022 tribunal’s “reasoning [was] found to be within its discretion and supported by the evidence”.
The appeal tribunal heard in July that LGT had displayed “at best cavalier, at worst deceitful behaviour” over its disclosure of evidence in the 2022 case brought by Day over public statements made by the trust he considered to be defamatory and detrimental.
His barrister Andrew Allen KC cited an attempt by a trust employee to mass delete electronic evidence while the 2022 tribunal hearing was live, “incorrect” evidence given by trust CEO Ben Travis and the trust’s withholding of records of an extraordinary board meeting held during the course of a previous court hearing as evidence of alleged poor conduct.
New York-based partner Frank A. Mazzagatti is scheduled to present at the 2025 Illinois Association of Healthcare Attorneys (IAHA) 43rd Annual Health Law Symposium on November 6, 2025, in Chicago, ...