Whistleblowing protection extended beyond Employees and Workers

Whistleblowing protection extended beyond Employees and Workers

The orthodox view on who is protected when blowing the whistle is that the protection for making protected disclosures extends to employees, and to workers. Now the Appeal Tribunal has indicated that the protection for whistleblowing goes beyond this.

In this particular case, a Vice President Elect, meaning a non paid person who is earmarked to take a position, does qualify for protection for blowing the whistle on wrongdoing.  Whistleblowing, also known as making a protected disclosure, is an act that brings with it protection for the whistleblower from suffering a detriment (or retribution).

The Appeal Tribunal have been keen to set out that the protection is an important one for society as a whole, and so have been keen to see protection extended, in fact, to anyone in a role which is analogous to employment. This will include trustees of charities and elected officials.

The right advice is as always, have a clear way of dealing with whistleblowing that does not involve treating the person making the protected disclosure less favourably. A section dedicated to this in the staff handbook, or applicable rules is a good first step, with a clear commitment to keep such whistleblowers safe. Chairs of trustee boards should also familiarise themselves with their responsibilities in the event that they are faced with a board member making a protected disclosure.

The case in its original can be read HERE. https://www.bailii.org/uk/cases/UKEAT/2024/166.html

If you need to discuss the requirements suggested by this case, or whistleblowing generally, contact our team on 01242 250039.