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Sunday, July 13, 2025

Case law update: extending whistleblower protection - People Management Magazine

In light of a recent tribunal, Avril England considers whether an unpaid charity trustee is protected when making disclosures

The Employment Rights Act 1996 provides special protection for workers who have blown the whistle on malpractices. The usual definition of worker is extended for the purpose of whistleblowing protection and it has been held that the protection should also be read as applying where an individual’s human rights and, in particular, their right to freedom of expression might be infringed.

The issue in Dr Nigel MacLennan v The British Psychological Society was whether someone who was an elected president of a society, a role that carried no financial reward, could also rely on this protection.

Facts

MacLennan, a psychologist, was a Fellow of the British Psychological Society, a registered charity incorporated by Royal Charter, responsible for the development, promotion and application of psychology for the public good. The charity was run by a board of trustees and had a chair as its president.

MacLennan had expressed concerns about the manner in which the society was run. To address these, in 2020 he put himself forward as president elect, and he was confirmed in the position on 30 June the same year, after the society’s AGM.

The following year the relationship between him and the senior management committee deteriorated. A grievance was raised against him and an...



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