A decision by the Employment Appeal Tribunal could result in unpaid charity trustees being afforded the same protections as employees.

It is not every day that an employment tribunal’s decision has the potential to change the law of the land, but a ruling handed down yesterday (21 October) by the London-seated Employment Appeal Tribunal (EAT) may mark a seismic shift in UK law, potentially allowing charity trustees to be protected as whistleblowers. This groundbreaking decision opens the door for trustees – who have historically lacked protection due to their unpaid, voluntary roles – to receive legal safeguards when flagging corporate failures in the charities they oversee.

THE BACKGROUND

The case in question involves Dr Nigel MacLennan, a former trustee of the British Psychological Society (BPS). In 2020, Dr MacLennan was elected as president-elect of the BPS after campaigning to address what he viewed as serious governance issues within the organisation. His term began on 30 June 2020, but his tenure was short lived, and his involvement with the charity culminated in an expulsion that he attributes to his whistleblowing activities.

During his time as president-elect, Dr MacLennan claims he made multiple protected disclosures. Initially, four disclosures were made between 3 June and 19 June 2020, followed by nine more between 1 July and 17 December 2020, after formally assuming his role. These disclosures centred on concerns regarding the management of the BPS, and his...

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