Action by the whistleblowing charity Protect has helped retain the ability for whistleblowers to get compensation for their non-financial losses. In the Employment Appeal Tribunal between Declan Durey and South Central Ambulance Service NHS Foundation Trust there was a risk that the established “injury to feelings”* award for whistleblowers could have been dismantled.
In a landmark decision handed down today (Oct 21 2024) by the Employment Appeal Tribunal (EAT), the door has been opened for UK charity trustees to receive protection from adverse treatment for making whistleblowing disclosures to a charity or to another relevant party. Until now, protection had not been available, due to the particular circumstances in which trustees work, often unpaid and without a contract.
A type of compensation claim that has been enshrined in law for more than 20 years is under threat at a hearing taking place this week. In the Employment Appeal Tribunal between Declan Durey and South Central Ambulance Service NHS Foundation Trust there is a risk that the established “Injury to Feelings” award for whistleblowers could be dismantled. Protect has been given permission to intervene in the case as it gives rise to important issues of public policy.
Protect, the UK’s whistleblowing charity, is intervening 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.
