I am a doctor who raised concern about nurses allowed to work as doctors in the NHS. In 2004, I wrote to PCT and met the commissioner of service and Director of Nursing in charge of local awl-in-clinic and explained her the problem and provided proof. No change was implemented. I discussed my options with other doctors in 2006 and wrote 3 letters in 2007 to Chairman of PCT. The chairman, contacted the nurses and told them I had raised concern but did not contact or ask me what the problem was. The nurses started instigating complaints form few patients, forward un-substantiated claim some sexually inclined and started investigations (all by nurses). My MPS solicitor asked PCT if there was a "Punitive sanction imposed as the goal post to complete investigation kept shifting. This investigation due to be completed in 5 weeks was dragged on for a year. I was prevented from returning to work. The investigation yielded no serious problem nor was I referred to GMC. My name was said to be in the list and was fit to return to work. I reused to return to work along with the staff who had made sexually inclined claims but was given no choice. I wrote to GMC, LMC and even the minister stating my life is in danger and am sure more investigations will follow. This did happen and I refused to return to work in the surgery. The PCT stopped paying me in 2009 and did not suspend me (Whistleblower) To cut the story short (Has more atrocities, you will never believe happen in the NHS) The PCT was trying to find me an alternate job (BMA advised me not to resign because they will have to give me the reference to find a job as it will be difficult for me to tell potential employer why I was not working for almost 2 years). I told PCT that is un-ethical for a doctor to work in a Nurse-led practice and so I will not be working in that surgery. In 2011, the PCT sold their Pilot Project (Nurse-led PMS Practice) to a new contractor and transferred my contract to them who terminated my contract. When I applied in ET court, the PCT made my solicitor not proceed saying I had not applied within the 3 months time limit. Now I have filed a case "Tout Conspiracy" and have all documents and reason to prove this. The PCT has hired a battalion of solicitors to prevent me taking legal action by saying they have transferred my contract "TUPE". They know I had refused and I have forward documents to prove that I had refused to work as a team with the women who had made sexual and un-substantiated claims. The PCT threatened Injunction to get all the documents back if I do not sign the compromise agreement but I refused and sent the documents to GMC. GMC investigated and found no evidence to prove that I am a threat to patients safety nor did they find any allegation to allow them to impose a warning. Now the problem is I must get my case heard in the court and the appeal must go through at all cost. The PCT is trying to finically cripple me by using too many solicitors and barristers. The Mid-Staffordshire Scandal could have been prevented if the PCT had acted when I raised my concern in 2004. I have predicted this in 1996, published in medical journal. I am a doctor who worked as registrar and senior registrar (actually doing the work of reactivating dead or dyeing children for almost 20 years) before I became a GP and so know what I am talking about. I am still un-employed trying to sell my house to raise money. Left UK as I could not support to pay the mortgagee and school fees for my daughter. I have been made to suffer for speaking out the truth. Politicians are blaming the "Target" culture but not made it clear why and how this resulted in the death of some 20,000 people in UK hospitals. My evidence will make it clear why it happened and so the PCT knows it will be very embarrassing as these deaths could be labeled "Criminal Offence" Please help me and advice how I can make sure my case is accepted in the High Court? I do have a solicitor who is helping me but am not sure if he can be successful PS: This is only 30% of my story. I have been through Grievance hearing but the PCT has not responded to my claims and have they implemented changes to protect patient care. I left UK and am living in Germany supported by my wife and her parents. My family life is under strain and I will have no alternative but to release confidential documents that may be embarrassing for patients and I am not keen on this option. So please help me and give me that best advice to make sure my case goes through this appeal to trial in the High Court.
Presumably you are claiming unfair dismissal by the PCT?
What grounds are going for strike out on , time limit?
The case filed is "TORTIOUS CONSPIRACY" because I have named the doctors and nurses who joined to gather to help PCT discredit me. This is more than unfair dismissal because I am well known in medical profession and have been involved in various projects.
My name is XXXXX XXXXX for me than my job or the money. Only way I can make them realise is be getting them to pay for the mistake they did. GMC has seen all the records and found no problem.
The grounds the PCT is asking to strike my case is by saying the TUPE transfer occurred. I have been saying and refusing to return to work even after they stopped paying my pay in 2009. Knowing I had refused they transferred me despite 3 doctors telling them it is not in the interest of my mental well being to force me to return to work in that surgery.
I was told by my solicitor that the Judge sat in his room on his own thinking what to do and then supported the PCT and so we are applying for appeal.
This is an unusual case because I refused to return claiming it is "Un-Ethical" for me to be in a premises where wring doings that inflict paid and suffering occurs. I have repeated this statement numerous occasion both in wrting and verbal. the HR has heard this during the Grievance proceedings but he transferred against my will knowing I am not a member of the group of emplyee.
The Defendant has applied for summary judgment and/or a strike out of the Claimant’s claim on the basis that it has been brought against the wrong defendant
By a Claim Form sealed on 18th April 2012 the Claimant has brought a claim of breach of contract and damages for tortious conspiracy against PCT
The Claimant acknowledges (and indeed expressly pleads at paragraph 3 of the Particulars of Claim ) that on 1st May 2011 his contract of employment was transferred to The New Surgery Ltd under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Further references to the Claimant’s acceptance that a transfer took place can be found in the Particulars of Claim and in the Claimant’s claim to the Employment Tribunal .
It is therefore common ground that a relevant transfer took place. The effect of a transfer is dealt with in TUPE Regulation 4, which states that “all the transferor's rights, powers, duties and liabilities under or in connection with any such contract shall be transferred by virtue of this regulation to the transferee” and “any act or omission before the transfer is completed, of or in relation to the transferor in respect of that contract or a person assigned to that organised grouping of resources or employees, shall be deemed to have been an act or omission of or in relation to the transferee”.
Thus, any liabilities of the transferor (the Defendant) have transferred to the transferee (The New Surgeries Limited). It is therefore the case that any breach of contract or tortious conspiracy claim that would have been sustainable against the Defendant is a liability that transferred to The New Surgeries Limited.
If authority is needed that under the clear wording of Regulation 4 (above), no claim by the Claimant, arising out of the facts of his employment relationship with the Defendant, can be brought against the Defendant, it is found in Stirling District Council v Allan 
IRLR 301. At paragraphXXXXXof Session held that “there is no ambiguity” to Regulation 4, “The word 'transferred' necessarily denotes that all the transferor's liabilities, whether accrued or continuing, pass to the transferee and the transferor is no longer subject to any of them.”
The Claimant has no real prospect of succeeding on the claim or issue and/or the statement of case discloses no reasonable grounds for bringing or defending the claim.
The Defendant seeks summary judgment or the strike out of the Claimant’s statement of case.
PCT has provided witness statement from the HR saying TUPE transfer occurred. He was present in the Grivence meeting when I made it clear to the panel (documented in the report) that I will not return to work in the same surgery and also requested them to provide me with reference letters. The PCT had spent one and half years discussing options to help me return to work as a GP. Even Royal college was involved because I had raised concern about patient care and the PCT accepted I am a Whistleblower but refuse to acknowledge that I had raised concern as early as 2003.
Mid Saff Scandal would not have occurred if the PCT had listened or acted but they failed. All that they want is to prevent my concern made public. I cannot do much unless the case goes to court becuase of confidentiality.
So we are saying that the TUPE transfer did not take place because we did not agree to the transfer?.
If so , how did you communicate your refusal to accept the transfer?
In Nov 2009, I was forced to return by BMA and PCT but in December 2009 I was suspended and new set of complaints raised by staff and nurses so I refused to return to work because the PCT raised more allegations and complaints from staff.
I refused to return expecting them to take disciplinary action and terminate my contract but they did not. They refused to pay my salary despite request by LMC, BMA & MPS. Occupational health advised them not to force me back to work in the surgery but they ignored medical advice.
I have not worked as a team with the nurses and staff since 2009. The PCT was looking for alternative and I was given permission to go and work as a locum so I was working in another surgery.
I was contracted by PCT and designated to work in the surgery and was not a direct employee in the surgery.
I have numerous documents stating that I will not work in the surgery and the HR also drafted a reference letter. Knowing I had refused he had no right to transfer the contract. I was told be the new surgery that they were not informed about the problem.
I was adviced not to resign by BMA because I had not worked for almost 4 years by then. The transfer took place in 2011 (almost 3 years since I stopped working in the surgery and so was not part of the team)
My communication was in various meetings and during the Grievance hearing. The information is documented in the letter but the Judge was not sure and I was told that he sat on his own wondering what to do for some 30 minutes.
I refused to sign the compromise agreement because the PCT expected me to hand over all the documents that prove serious mistakes occurred. I can only high light the problem once the case comes to hearing because the information I have is confidential.
World Medical Association expect me to breech confidentiality an dthe Law as it is my duty to protect fellow human. (Medical Ethics Manual 2009) and so I will if this rout fails. I am trying not to because of two reasons, (1) The patients who have been affected are from Pakistan Origin and are mostly illiterates, (2) Some information are so sensitive some patients may be badly affected.
I forward all the documents to GMC and asked them if I had commited any mistake. They went through the documents and decided I have done nothing wrong and so my registration is still in force and I am not a threat to patients or my profession.
Thank you, XXXXX XXXXX clarify why you refused the transfer.?
You say in one place that it was because you believe it was because nurse led practices posed a danger to patients but also that you refused because you were under the impression that the PCT were going to start disciplinary action based on the disputed complaints.
I apologise for all the questions but I am going somewhere with this.I just need to be certain of the details in a complex history so that I can advise you properly.
I had raised concern and made protected disclosure and so was informed by BMA that the PCT cannot suspend me but can take disciplinary action for refusing to return to work. I expected them to take disciplinary action but they did not. They never acknowledge me to be a whistleblower but instigated complaints and claims (7 times) even though I was not working in the Surgery since the investigations was started in 2008, concluded in Nov 2009 when they forced me to return. I was given no choice but to return (my wife, BMA, MPS all saying I must return. I was broke and had mortgage to pay) so I returned.
I informed GMC that the nurses may do things that may result in more complaints and investigation and so it did happen hoping they will come to my rescue but they wrote to me informing that they have no power to do any thing
I was have written to PCT and informed HR, Medical Directors and CPAG cahirman that is is "Un-Ethical" it looks as if the Judge does not know nor has any idea what this mean. As a doctor all that it mean is that I will not be present = will not return to work in this surgery.
Cruel and in human or degrading treatment was offered by nurses in the surgery and patients were suffering because of wrong diagnosis and treatment. This is unacceptable behaviour. As doctors we strive hard to alleviate pain and suffering, if I don't know what to do then I will seek help from others but the nurses were not because they did not know
"This is like asking a Muslim or a Jew person to force eat Pork"
They were so desperate to prevent me from working, in 2010 they told me that they did an error and my name is XXXXX XXXXX in Performers list in 2003 and made me stop working as a locum. The PCT did not know I had a letter received from another health authority in 2005 stating they found my name listed in 2 area health authorities. I had to go through grievance proceeding to re-instate my name.
To tell you frankly the way this PCT (mostly managed and the chairman is also a nurse) treated me, it makes me think Binladen is an amateur.
The torture I am going through is worst than being dead or walk into gas chamber. I have saved lives of babies and children since 1982 in the NHS and moved to be a GP in 2000 and am sure you can understand why I am keen to get my story made public.
I appreciate that you are keen to get your story told and possibly into court but we need to establish whether this particular case is the right forum. Were you ever paid by the practice?
Why do you believe the PCT is your employer?
I was employed as a "Salaried Doctor" and paid directly from PCT. This was one of the first surgeries managed by nurses. The PCT called this a "Pilot PMS Practice".
I was employed to work as as a doctors (part-time). Nurses were allowed to work as doctors, be on call and also do work as a locum doctor during my absence / holiday.
I was expecting them to terminate my contract because the PCT had played around and were investigating complaints, so BMA said I could not take them to ET and claim unfair dismissal. The way they did this was first they said they received 12 complaints (I had only received 2 complaints in 20 years before this - Have good standing certificate from MDU). Of these 12 complaints, only 2 were related to me. Then they brough two more complaints and introduced 3. By adding more complaints as the investigation was ending, they dragged on the investigation for almost 18 months. Non gave them any opertunity to remove my name from performers list but this did not give me a chance to take them to ET.
In 2009, I was suspende because of a computer error (happen often in every surgery) I printed (not dispensed) a prescription with Amoxil (antibiotic) 100 insted of 21 capsule. This prescription was used to say that I am making serious errors and so danger to patients. To tell you frankly there has been no death reported due to amoxil overdose and this is a common antibiotic.
The was they handled the situation was bad. When I was in the surgery seeing patients the lead nurse along with the Medical director walked in as if they are police officers (un announced) threatened to report me to GMC and asked me to walk out. This was the most humiliating experience I have ever encountered. Walking out through waiting room full of patients waiting to see me. (I was a very popular doctor, because patients often told me that they wait for weeks to see me, some joked it is easier to see the Queen in UK but difficult to see Dr Sri)
After this humiliation, how could I return to work? so I did not and made it clear to Medical Director and Chairman of CPAG that I will never go back to work there again. They threatened disciplinary action if I do not submit a sick note, I refused saying I am not sick but will be sick if I return to that surgery and it also prevents me from doing locum to earn some money.
By not suspending or terminating my contract they prevented me from taking legal action. BMA did not support resigning and taking them to ET, so I was helpless.
I was also unable to take them to court ET because of time limit of 3 months. Hope this makes it clear for you to tell me what I need to do
It seems to me that you were employed by the PCT since they paid you and you never started work at the surgery or were paid by them. As such this challenge should fail.
The PCT obviously attempted to TUPE you and as such the issue is whether you could justifiably refuse to be TUPE 'd and regard yourself as having been made redundant/unfairly dismissed.In such a claim all the factors you have raised will come up including your employer attempting to TUPE you to a nurse run practice when you had made your concerns about patient welfare in such practices. It seems to be almost an act of provocation by the employer given your views on the subject.
That is the employment law position but there was a great deal of detail in your question and answers to my information requests please reply if there are other aspects of your situation that you would like me to comment on.
I hope this helps
Good work, Thanks.
Please let me know if you have come across any case similar to mine where the Employer trasfered (TUPE) an employ against his/her will?
You are welcome it is my pleasure.
Transfers are usually objected to because of things such as the additional distabnce an employee now has to travel to work or a term such as different pay. I have not come across a challenge to TUPE that is similar to your situation.