Landmark decision opens the door for charity trustees to be protected as whistleblowers in the UK

“We welcome this judgment as a victory for common sense that has the potential to protect and empower a million charity trustees across the UK.

Whistleblowing is a key instrument of good governance, but all too often it comes with a high cost for those who blow the whistle. Confronting senior executives and standing up against the pack is fraught with dangers and organisations can often become hostile to those challenging their decisions. In many cases it’s the whistleblower who faces the heat rather than those behind the wrongdoing.

As influential and critical members of a charity, trustees are essential in detecting and deterring wrongdoing such as fraud, safeguarding issues and mismanagement. This ruling should mean that many more trustees will have the confidence and legal protection to call out wrongdoing when they see it.

However, it is grossly unfair to expect individual whistleblowers to bring cases through the courts system, with all the stress and cost that falls on them, in order to make these sensible changes to the law.  This judgment needs to be the spur to make the Government act.  Our legislation should be updated so that trustees – along with the many more thousands of people who currently sit outside the parameters of whistleblowing law, including self-employed contractors, job applicants and many others– get the protections they need and deserve.

I would also personally like to thank our excellent barristers Jeremy Lewis KC and Mukhtiar Singh who acted for us pro bono on this matter as well as our Solicitors, Keystone Law.”

“In the crucial part of the judgment, the Judge found that there was a strong argument that being a charity trustee, President-Elect and/or President is akin to an occupational status (which would be likely to unlock the door to protection).

“The Judge also commented that the nature of the role, responsibilities and regulatory regime to charity trustees is strongly suggestive of such a status.

“Although there are other legal issues to factor in before protection is formally granted, this is a strong indication that many UK trustees will be protected going forward.

“It was also usefully held by the EAT that a worker is protected from being subject to a detriment by his current employer for making a protected disclosure to that employer prior to the commencement of the employment. This will extend UK whistleblowing laws more widely.”