The Answer
In the case of MacLennan v BPS 2024, the employment tribunal ruled that because the trustee in question, who had been elected to the post of President-Elect of the British Psychology Society for the charity, only worked on a voluntary basis thus was not employed by the charity in the capacity as a “worker” within the provisions of the Employment Rights Act 1996, that the trustee was not able to bring a claim for unlawful detriments as a result of whistleblowing when he was removed from office after raising concerns over how the charity was being managed that had resulted in a falling out with other members of the charity.
The employment appeal tribunal (EAT) has overturned the decision of the employment tribunal and held that although the trustee was not working for the charity in a paid employed capacity and had limited duties, but as his occupational status required him to identify any wrongdoings linked to his role and with the need from him to comply with regulatory obligations gave rise to whistleblowing protection as his trustee duties fell within “other status” under Article 14 of the European Convention on Human Rights (ECHR).
What You Need To Do
There are no financial limits to a whistleblowing compensation claim, but any award of damages will - among other things, depend on depend on the detriment faced by the claimant over identifying a whistleblowing breach, extending to injury to feelings and financial loss. Thus, those businesses who have a set up whereby they are supported by third parties in a non-employed capacity need to be aware that when such a third party raises a matter that could fall within whistleblowing, it should be dealt via their internal whistleblowing procedure.
If you require any further assistance, please do not hesitate to contact our HR/Legal Advice Line Team on 01455 852 028.
