A former chair of the board of teaching hospital Royal Bradford Infirmary is entitled to the same whistleblower protections as workers, a tribunal has ruled.
Channel 4 News reported that Maxwell McLean was removed from his role as chair in October 2023 after raising concerns about alleged failings of senior-level management.
The hospital trust had reportedly argued that McLean was not an employee of the hospital and did not have whistleblowing protections.
However, the outcome of a preliminary hearing on Tuesday (18 March) was that McLean should have been considered a ‘worker’ under employment law, and should have had protection. The case is due to proceed to a full hearing in Leeds.
Read more: Whistleblowing tribunals rise: What can HR do?
This preliminary ruling has significant implications for people who are not usually deemed employees under whistleblowing legislation, according to Alana Penkethman, senior associate at law firm Trethowans.
She told HR magazine: “Historically, you didn’t necessarily need to be an employee, but you did need to work for the employer. This meant that those who are self-employed, or volunteer without a contract, or act as a non-executive director, would not usually be protected.”
The preliminary ruling could have an impact on HR leaders' work in future, Penkethman suggested.
She said: “HR leaders need to keep this wider interpretation of protection in mind. HR needs to handle any disclosure of information respectfully, and ensure that...
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