Landmark Unfair Dismissal Victory for Whistleblowing Cardiologist Dr Raj Mattu

The case of Mattu vs UCHW (University Hospitals of Coventry) has drawn widespread attention not only amongst employment law specialists but also the media. It is widely recognised as one of the longest-running and expensive whistleblowing cases in the history of the NHS, and it is estimated that costs could total £20 million with £10 million potentially covered by the tax payer.

Background

Dr Raj Mattu had worked as a cardiologist at Walsgrove Hospital, Coventry and was found to have been unfairly dismissed after raising concerns about patient safety. He was suspended for eight years before his dismissal in 2010, following a variety of allegations having been made against him. He had told the BBC that,
‘the trust had made false allegations against him as a “plausible alternative” for his dismissal – when the real reason had been his whistleblowing. ‘

He said,
“I was accused of fraud, I was accused of sexual impropriety, assaults, not doing my duties and so on.”

Dr Mattu had not previously faced any complaints and in 2009, he was cleared by the General Medical Council of allegations made back in 2002. He was finally dismissed for ‘failing to sign the trust’s retraining plan’ to get him back to work in 2010. (People Management) It is alleged that the NHS had hired private investigators, costing an estimated £6 million pounds in order to try and discredit the Doctor. The tribunal concluded that his dismissal was unfair. (The Telegraph)

Employment Judge Pauline Hughes stated that Dr Mattu,
“did not cause or contribute to his dismissal” and had been subject to “many detriments” as a consequence of becoming a whistleblower.

In an interview with BBC Radio 4, Dr Mattu stated that,
“the saddest thing out of all of this for me is that the people who have lost out the most are the patients and the public because for 13 years the trust management have prevented me from looking after patients,”

He also said that,
“they have also, in the way they have treated me, discouraged any further whistleblowers in the NHS from coming forward and risking having their career and livelihood destroyed.”

The disclosures

Dr Mattu made protected disclosures by warning that cost cutting approaches introduced by the hospital had led to the death of patients. He warned that patients were dying on an over-crowded cardiac unit and made specific reference to two patients having died in an allegedly over-crowded unit in 2001.
He also claimed that in 1999, there was a policy of allocating five patients to four beds which had led to a 35 year old man being prevented from vital equipment being used to save his life. (BBC Coventry and Warwickshire)
According to the BBC, an NHS review in 2004 cleared the hospital trust of responsibility for any deaths in relation to overcrowding.

Meeting with Simon Stevens

This month, Dr Mattu met with NHS Chief executive Simon Stevens, and has declared that an independent body is required to ‘investigate all whistleblowing suspensions.’ (The Telegraph)

Whilst every effort has been made to maintain accuracy throughout this article, Nationwide Employment Lawyers cannot accept responsibility or liability for any errors. This article is intended for guidance purposes  only and does not constitute specialist legal advice. Nationwide Employment Lawyers accept no responsibility or liability whatsoever for any action taken or not taken in relation to this article and recommend that appropriate legal advice be taken in all circumstances.