Maclennan vs The British Psychological Society

Employment Appeal Tribunal

Nigel MacLennan was president-elect and a trustee of the British Psychological Society (BPS). He raised concerns about the charity’s governance and finances with the Charity Commission. MacLennan, elected president in 2020, was expelled from the charity in May 2021 following allegations of “persistent bullying”, which he denied.

An employment tribunal ruled last year that he did not have employment standing, therefore the tribunal had no jurisdiction to hear claims around detriment for making protected disclosures. MacLennan has appealed the ruling.

The significance of this case has been underscored by the Judge of the Employment Appeal Tribunal, who, in allowing the appeal, made an order that the Government be invited to intervene in this case because of its significant public interest implications. The Charity Commission, concerned about the consequences of employment protection extended to all charity trustees, has also been granted leave to intervene. Protect, the whistle blowing charity, has also been granted leave to intervene.

Legal challenge to give charity trustees vital whistleblowing legal protections

Status

A two day hearing has been scheduled for 24 & 25 July 2024.

JUDGMENT on 21st October 2024. Mr. Maclennan was successful in his Grounds 3 and 4 in his Appeal. Grounds 1 and 2 were dismissed.

Abbreviations

NM/A/C - Nigel MaClennan, appellant or claimant

BPS/R - British Psychological Society, respondent

CM - Chris Milson, barrister for appellant

EDS or DS - Emma Darlow Stearn, barrister for appellant

PG - Paul Gilroy KC, barrister for appellant

JL - Jeremy Lewis KC, barrister for intervenor  Protect

MS - Mukhtiar Singh, barrister for intervenor  Protect

NL -  Naomi Ling barrister for intervenor Charity Commission

ET - Employment Tribunal
EAT - Employment Appeal Tribunal 

P - Protect

CC - Charity Commission
WB - whistleblower or blowing
WBP - whistleblower protections

CT or T - charity trustee or trustee
CR - convention rights
ECHR - European Convention on Human Rights

Live Tweet Threads

Wednesday 24th July morning session

Wednesday 24th July afternoon session

Press Coverage

1st Nov 2024

Personnel Today - Charity trustees could gain protection from whistleblowing

22nd Oct 2024

Civil Society - Tribunal raises question of whether trustees should be protected as whistleblowers

23 July 2024

Civil Society - Court to hear call for expansion of whistleblowing law to cover charity trustees

22 July 2024

PsychReg - Employment Appeal Tribunal to Hear Landmark Whistleblower Case Involving British Psychological Society