What was the EAT hearing about in 27 February

Before you can have a full appeal hearing at the Employment Appeal Tribunal you must obtain permission to appeal by showing your appeal has reasonable grounds.

We are appealing 2 Judgments from a London South Employment Tribunal chaired by Judge Anne Martin

  1. The decision to throw out my whistleblowing case after the June 2022 hearing (“the Main Appeal”)

2.The decision to refuse our application to have the BMA’s legal costs returned to them on account of the multiple acts of concealment and destruction of evidence by Lewisham and Greenwich NHS Trust. These acts clearly prolonged the hearing and wasted BMA legal fees but are ignored in the cost Judgment. (“the Cost Appeal”)

Result of the 27 Feb Hearing

The 2 cost grounds have been allowed to progress to full hearing
Ground 2,3,5,7 have been allowed to progress
Ground 1,4,6,8 have been thrown out

Articles explaining the appeal

I have written an article to explain our appeals which can be read or downloaded here. What follows below are the actual legal papers which as always I make available to my supporters.

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The BMA Costs Appeal Result

To fully understand our cost appeal, it is helpful to read our application for costs to Judge Martin, the NHS Trust’s response and our response to that (which was ignored by Judge Martin).

Our Notice of Appeal for the BMA Costs Appeal

The Main Appeal

Below is our Notice of Appeal for the main appeal for the June 2022 hearing. To read the day by day coverage of that hearing from the Journalist David Hencke click here.

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Our Notice of Appeal for the Main Appeal followed by our ‘Amended Numbered Grounds of Appeal’

Ground 2,3,5,7

Ground 1,4,6,8

Our Amended Numbered Grounds of Appeal

Ground ONE

Ground TWO

Ground THREE

Ground FOUR

But 21b to be heard under ground 2

Ground FIVE

Ground SIX

Ground SEVEN

Ground EIGHT

Documents from the bundle that are relevant

Dr Day’s Ben Cooper KC Statement

To understand the procedural unfairness of the Judge rescuing Ben Cooper KC by halting his cross examination by Andrew Allen KC on my supplementary statement you have to read my statement and how it defends me from serious allegations made against me by Ben Cooper. After preventing us further testing’s Ben Cooper KC’s position after forcing him to change his statement in material ways, the Judge to insert Cooper’s untested assertions into the Judgment with no mention of the halting of our cross examination or the concessions won from Ben Cooper. The trial transcript records the Judge promising not to do this as justification for her rescue of Ben Cooper from cross examination.

Andrew Allen KC’s Proposed cross examination of the NHS Director that destroyed 90,000 emails and then failed to show up in court for cross examination. The Judge ignored all of this content that would have been put to this important witness. It was this Director that drafted the briefing statements that we say misled the press, the public and a number of local MPs and stakeholders.

Tribunal Pleadings (Dr Day’s Ground of Claim for the ET Claim and Further and Better Particulars)

Other Resources to take you through the June 2022 Evidence

My article setting out the evidence at the June 2022.

Read The Employment Tribunal will See You Now

Link is here


Crowdfunding the case against HEE’s lawyers

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Next Hearing 21 March – Read our arguments