July 13, 2010
A female radiographer who blew the whistle on her fraudulent colleagues has won the right to protect her earnings until her employment case is concluded.
After more than 25 years working within the NHS, Sharmila Chowdhury’s unblemished career was soured when allegations of fraud, levied against senior doctors, were reversed and implicated the radiology service manager.
Ms Chowdhury informed hospital management that many of her colleagues were moonlighting at private clinics, dishonestly claiming thousands of pound each month while still being paid to diagnose NHS patients.
But she was reprimanded after a counter-allegation of fraud was made against her by a junior whom she had previously accused of breaching patient safety.
However, Watford Employment Tribunal took the unusual step of ordering Ms Chowdhury’s trust to reinstate her full salary and awarded interim relief.
Interim relief is only awarded to claimants when the Tribunal is satisfied that the claimant is likely to succeed in their whistleblowing claim at trial.
The Judge said he had “no hesitation” in awarding full salary and interim relief, adding that Ms Chowdhury is “probably going to win” her whistleblowing case.
"I cannot believe what has happened to me,” a jubilant Ms Chowdhury told the Independent on Sunday. “I was horrified and humiliated when escorted out of the building, and for a whole month, I had no idea why I was suspended. I was just doing my job.
“This whole thing has completely changed me. I'm trying to stay positive but I loved my work, my department, and there are not many jobs out there.
“I thought the trust would want to know consultants were doing private work on NHS time. The public has a right to know what is happening with public money.”
With the coalition government’s Secretary of State for Health, Andrew Lansley, stating that whistleblower protection will soon get “more teeth”, employees unfairly dismissed for raising awareness of colleague’s unprofessional actions should feel confident when launching whistleblowing cases and seek advice as soon as possible.
