A FORMER NHS trust chair has ended a long-running legal dispute by calling for stronger whistleblowing protections for senior leaders.
Dr Maxwell McLean, former chair of Bradford Teaching Hospitals NHS Foundation Trust, has concluded his Employment Tribunal case against the trust.
Dr McLean says he was asked to resign as chair of the trust in 2023, shortly after raising concerns about how various hospital issues were managed, including newborn baby deaths and investigations into them.
In May 2026, a tribunal in Leeds dismissed his whistleblowing claim.
Now Dr McLean says he has chosen not to pursue further legal action, stating it is time to move on after years of litigation.
He stressed that his decision should not be seen as acceptance of all the tribunal’s findings or criticisms.
'The outcome does not change the circumstances'
During the final three-week hearing, Dr McLean represented himself while the trust was represented by specialist legal teams.
He said: "The Tribunal case has been challenging for me on a personal level.
"The outcome does not, however, change the circumstances that gave rise to it.
"As Chair, I raised serious concerns about matters including neo-natal deaths, patient safety and staff wellbeing and requested that those concerns be independently investigated.
"Following that investigation, I was subsequently required to leave my post."
Landmark ruling on NHS chair status
A preliminary tribunal ruling in March 2025 found that, as chair of an NHS foundation trust, Dr McLean met the statutory definition of a "worker" under the Employment Rights Act 1996.
This means an NHS foundation trust chair could qualify for employment protections typically afforded to workers - including whistleblowing protection.
However, the tribunal concluded that a contractual relationship existed between Dr Mclean and the trust, that he was personally required to carry out his role, and that the trust was not acting as his client.
Despite the outcome of the tribunal, Dr McLean described it as "an important outcome from the proceedings in its own right".
Concerns over a 'chilling effect'
Dr McLean is urging a debate about how NHS chairs, non-executive directors and other senior leaders can challenge executive teams over governance and patient safety concerns without fearing repercussions.
He said: "Effective NHS governance requires constructive relationships, but it also requires independence, scrutiny and sometimes uncomfortable challenge.
“This is not about immunity from scrutiny or accountability for NHS Chairs or other senior leaders.
"It is about ensuring that those charged with providing independent challenge can raise difficult matters of governance and patient safety with confidence.”
He also warned of a "chilling effect" if senior figures feel that raising concerns could later undermine their ability to rely on whistleblowing protections.
Dr McLean said a genuine speaking-up culture must extend to all levels of NHS organisations, not just frontline staff.
Gratitude expressed to supporters
Dr McLean expressed his gratitude to those who supported him throughout the case, including individuals who contributed to his legal costs.
He said that he does not take the generosity of his supporters lightly and that their support enabled important issues to be examined through an independent judicial process.
The trust responds
A spokesperson for Bradford Teaching Hospitals NHS Foundation Trust said: "The judgment delivered by the employment tribunal reflects our strong stance throughout this period that we have worked diligently and always acted in the best interest of our patients and the communities we serve.
"The Trust has always been committed to considering concerns when they are raised and has clear processes for "speaking up" in line with national best practice.
“The tribunal ruled that, even if our former chair had been classed a whistleblower - which the tribunal determined he was not - it would have 'concluded that he was not treated detrimentally because of any acts of whistleblowing'.
“We are pleased that the matter has now been drawn to a close.”