The case of MacLennan v British Psychological Society provides important clarification on the scope of whistleblowing protection under the Employment Rights Act 1996. In particular, it addresses whether charity trustees, who are not employees or workers, can benefit from those protections.

The tribunal concluded that they cannot. While this is a first-instance decision of the Employment Tribunal (ET), and therefore not binding on other tribunals, it follows a decision by the Employment Appeal Tribunal (EAT), which considered the basis on which such a claim could be brought and whether the position of a trustee was analogous with that of a worker.