Whistleblowing charity Protect is intervening in an Employment Appeal Tribunal and calling for expansion of whistleblowing law to cover charity trustees
Protect, the UK’s whistleblowing charity, has been given permission to intervene in an important case before the Employment Appeal Tribunal (EAT) which will consider whether charity trustees should have whistleblowing rights.
There are nearly a million charity trustees in the UK. They are responsible for the proper governance of charities and have a duty to report wrongdoing when they see it. The case before the EAT will consider whether trustees can claim the protection of whistleblowing law if they suffer as a result of speaking up about wrongdoing.
Protect has unparalleled expertise on both the legal issues and the practical realities of whistleblowing. Every year Protect hears from around 50 charity trustees who raise concerns about lack of safeguarding, poor governance and financial wrongdoing in charities. Many suffer as a result of speaking out – some are bullied or ostracised, others lose their trustee roles and suffer damage to their reputation and professional standing.
Protect has submitted evidence to the EAT about the impact of whistleblowing on trustees, and is arguing that trustees should have rights to receive and impart information in accordance with Article 10 (freedom of expression) of the European Convention of Human Rights. Trustees have a particularly important role as they are legally responsible for a charity’s management and administration and are under a duty to ensure their charity is complying with the law.
Sybille Raphael, Legal Director of Whistleblowing charity Protect, says:
Notes to editors:
For more information, and to arrange an interview, please contact:
Mark Ellis, Head of Commmunications
mark@protect-advice.org.uk
0203 455 2252
FOOTNOTE
Nigel MacLennan was a trustee and President-elect of the British Psychological Society (BPS), the representative body for psychologists and psychology in the UK, which has 60 thousand members and income in excess of £11 million. He raised serious concerns regarding the charity’s governance and finance. MacLennan shared his concerns with the Charity Commission who then ordered the Society to address a number of issues including a lack of oversight by trustees, of transparency and accountability, and of adequate financial controls. After making his disclosures, MacLennan was subjected to a disciplinary process and expelled from the charity following allegations of “persistent bullying” which he denied. During this period MacLennan says the charity published statements online which he says have had a ruinous impact on his career and reputation.
Protect is intervening in this case as part of its campaign to extend the scope of whistleblowing law to include all those who raise concerns in a work-related context, including the self-employed, job applicants and trade union reps.
For more information: https://protect-advice.org.uk/campaign-for-a-new-whistleblowing-bill/