Growing numbers of doctors in the UK are afraid to blow the whistle on patient safety concerns due to fear of retribution, according to a survey by the British Medical Association (BMA). The survey found that 26% of doctors in 2024 said they would not feel confident acting as a whistleblower, compared to 10% in 2018. The survey also revealed that 61% of doctors polled in 2024 said they might not raise concerns because they were afraid of being unfairly blamed or suffering adverse consequences.
Comments from Hina Belitz, employment partner with Excello Law:
"Having worked with the British Medical Journal (BMJ) in their investigation into widespread sexual misconduct in the NHS last year, I have seen first-hand the problems created by an environment in which harms to patients and staff are not taken seriously.
"The law on whistleblowing protects workers from being dismissed or subjected to a detriment for making a protected disclosure. This protection is key in healthcare environments where patients’ lives are at stake, but unfortunately it is all too common to see such employers acting unlawfully for fear of reputational damage. One shocking case from 2022 involved the dismissal of an NHS nurse for gross misconduct after she had raised a number of concerns leading up to and following the death of a patient. She was eventually vindicated and awarded almost £500,000 in compensation.
"The desire to close ranks and take action against whistleblowers rather than addressing the problem can backfire severely. While reputational damage is a concern for all employers, the NHS context is unique in that public trust in the organisation is essential for it to perform its function effectively, and whistleblowing scandals severely undermine that trust. It should also be noted that NHS trusts pursuing legal action against whistleblowers will be using public funds to do so, and, should employees be successful in making a claim against the NHS for dismissal or detriment in connection with whistleblowing, the potential compensation awardable is not subject to a cap as it is in other employment claims, raising real questions about resource allocation in a struggling healthcare system.
"Unfortunately, whistleblowing in the NHS has been an ongoing discussion for years, and it is unsurprising that employees do not feel confident raising their voice. The NHS’ inability to deal properly with safety concerns, whether they meet the criteria for whistleblowing or not, was demonstrated in the BMJ’s revelations last year of widespread sexual misconduct within the organisation, in which huge numbers of allegations of sexual harassment and assault between staff were not properly investigated, in another example of the poor employment law practices of an organisation that prioritises sweeping such matters under the carpet. It is clear huge organisational change is needed to ensure whistleblowers and those disclosing discrimination and assault are adequately protected."