Under the ERA, individuals who make a “protected disclosure” about wrongdoing may be protected from detriment or dismissal. This is commonly referred to as whistleblowing.
In broad terms, protection arises where worker reports information about wrongdoing which they reasonably believe is true and in the public interest. If they are then treated unfavourably because they raised the concern, they may bring a claim in the Employment Tribunal.
These protections are intended to encourage individuals to raise concerns about misconduct or serious wrongdoing, supporting transparency and accountability within organisations without fear of retaliation. However, the protection is not universal. It depends on the individual falling within the statutory definition of a protected person, and the scope of that protection is still being tested in some contexts. The recent tribunal decision discussed below explores whether charity trustees fall within that framework.
In the case of MacLennan v British Psychological Society, the claimant was a trustee and president-elect of the British Psychological Society (BPS). Shortly after taking office, the claimant alleged he made protected disclosures. Relations broke down, leading to his expulsion as a member of BPS. He subsequently claimed that this amounted to a detriment due to whistleblowing.
The case turned on whether a trustee could be considered a 'worker' for the purposes of...
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