The Employment Appeal Tribunal dismissed the appeal, finding earlier judicial errors immaterial to the outcome. The 2022 tribunal had cleared Lewisham and Greenwich NHS Foundation Trust of claims it concealed evidence after a communications chief deleted up to 90,000 potentially critical emails during a hearing. The appeal tribunal reiterated that the 2022 tribunal's reasoning was within its discretion and supported by evidence. Allegations included cavalier or deceitful disclosure behaviour, an attempt to mass-delete electronic evidence, "incorrect" evidence from the trust CEO, and withholding records of an extraordinary board meeting. The ex-communications director did not attend cross-examination in 2022.
Day brought an appeal against a ruling in 2022 which cleared Lewisham and Greenwich NHS Foundation Trust (LGT) of claims that it concealed evidence after one of its communications chiefs had deleted as many as 90,000 "potentially" critical emails midway into a legal hearing. Appeal tribunal judge Clive Sheldon KC said on 19 August that the 2022 tribunal's "reasoning [was] found to be within its discretion and supported by the evidence".
The appeal tribunal heard in July that LGT had displayed " at best cavalier, at worst deceitful behaviour " over its disclosure of evidence in the 2022 case brought by Day over public statements made by the trust he considered to be defamatory and detrimental. His barrister Andrew Allen KC cited an attempt by a trust employee to mass delete electronic evidence while the 2022 tribunal hearing was live.
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