Whistleblowing: Court of Appeal clarifies scope of whistleblowing protection

In Day v Health Education England and others [2017] IRLR 623 CA, the Court of Appeal held that a trainee doctor was not prevented from bringing a whistleblowing claim against the third-party introducer by the fact that he was engaged as a worker by the hospital trust to which he was assigned. His claim could proceed if the introducer could be said to substantially determine the conditions under which he worked in accordance with s.43K of the Employment Rights Act 1996.