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Trustees and whistleblowing

Eloïse Bordet (Student)

  • What is whistleblowing?

Whistleblowing involves a worker or an employee reporting malpractices in their workplace to their employer or a third party, by making a protected disclosure.

To qualify for whistleblowing, you must have made a protected disclosure :

  • The wrongdoing disclosed must be in the public interest
  • You must be a worker with an enforceable employment contract
  • You must have brought up one of the six types of wrongdoing to your employer or a third party :
    • Criminal offence
    • Health and safety risk
    • Risk or damage to the environment
    • Miscarriage of justice
    • The company is breaking the law
    • Someone is covering up the wrongdoing

The Employment Rights Act of 1996 provides protection for whistle-blowers, in sections 43A to 47B and section 103A. Therefore, if someone is dismissed for whistleblowing, they could make a claim for automatic unfair dismissal.

  • Are trustees protected as whistle-blowers ?

On the 21st of October, the Employment Appeal Tribunal(EAT) handed down a decision on the Dr Nigel MacLennan v The British Psychological Society case. Dr Nigel MacLennan, the claimant was a charity trustee, with no employment contract. After he raised several concerns about the wrongdoings of the company, he was dismissed.

The EAT sent the case back to the Employment Tribunal to be reconsidered.

The EAT stated that it is in the public interest that trustees should be protected as whistle-blowers, especially if they contribute to the development of the company. The verdict of the Employment Tribunal might change the criteria for recognising whistleblowing and thus provide greater protection for trustees.

Bangor University Legal Advice Clinic (BULAC) offers free legal advice on all employment and whistleblowing issues. If you’d like an appointment, please call 01248 388411 or email bulac@bangor.ac.uk .