Quick summary: A charity chair has resigned after an employment tribunal ruled that voluntary trustees are not entitled to whistleblowing protections under UK law. Professor Nigel MacLennan, who stepped down from Playground Proms following the ruling, argues that trustees are legally required to report wrongdoing but have no legal recourse if they are removed or harmed for doing so. The case has raised urgent questions about trustee welfare and the adequacy of charity governance law in the UK.
A prominent charity chair has resigned from his role following an employment tribunal decision that denied whistleblowing protections to voluntary trustees.
In February, the Employment Tribunal ruled that Professor Nigel MacLennan was not entitled to claim whistleblowing protection when he served as a trustee and president-elect of the British Psychological Society. Professor MacLennan, who plans to appeal the ruling, has now stepped down from the board of the children’s classical music charity Playground Proms.
In a letter sent to the Charity Commission last week, Professor MacLennan described the legal environment facing trustees as “unsustainable and hazardous”. He argued that while trustees carry a strict legal duty of candour and an obligation to challenge and report wrongdoing, the UK framework offers them none of the protections afforded to workers under the Employment Rights Act 1996.
The tension at the heart of the case
In his open letter dated 16th April 2026, Professor MacLennan set out what he called a proximity paradox facing trustees:
- Trustees are legally required to act as guardians of their charity’s integrity.
- If they fulfil that duty by challenging wrongdoing or reporting governance failures, they can face arbitrary removal and reputational damage.
- Current law provides no remedy or protection for trustees ousted in such circumstances.
Professor MacLennan had raised concerns about the British Psychological Society’s governance and finances with the Charity Commission while serving as a trustee, before being expelled from the charity in May 2021 following allegations of persistent bullying, which he denied.
What the tribunal considered
The tribunal assessed whether a trustee such as Professor MacLennan should be entitled to whistleblowing protection under the Employment Rights Act 1996, introduced by the Public Interest Disclosure Act 1998. It examined existing routes for trustees to report concerns and whether extending whistleblowing law to cover them might conflict with their duty to act in their charity’s best interests. The tribunal also weighed the potential financial burden on charities facing claims brought by whistleblowing trustees, and ultimately found reasonable justification for excluding trustees from the Act’s protections in relation to public interest disclosures.
Professor MacLennan’s resignation
In his resignation letter, Professor MacLennan praised Playground Proms as an exemplary organisation. “It is a source of immense pride to me that I have served alongside such an amazing team of staff and fellow trustees. The charity is excellent, extremely well-managed and continues to deliver vital work for significant social benefit. My decision to step down is in no way a reflection of this charity’s operations but rather a reflection of the unsustainable and hazardous legal environment.”
He added: “I have come to the painful conclusion that under current UK legislation it is no longer safe, professionally, personally or medically, to hold the position of a charity trustee or chair.”
Professor MacLennan described the ongoing litigation in MacLennan v British Psychological Society as highlighting a “legal black hole” and called for urgent reform, warning that any trustee who honours their duty to report wrongdoing faces serious risks to their career, reputation and mental health.
Playground Proms, charity number 1198476, promotes music education across the UK and reported total income of £199,338 for the financial year ending 31st March 2025.
Responses
A Charity Commission spokesperson said: “The employment tribunal clarified that as trusteeship is a voluntary role, not employment, it cannot hear a trustee’s complaint against their charity. However, whistleblowers, whatever their connection to a charity, are encouraged to bring serious concerns to our attention. These confidential disclosures are an important part of how the commission can uncover wrongdoing and harm in charities, and we have put in place measures to support them.”
A spokesperson for the British Psychological Society said: “Mr MacLennan’s resignation relates to a separate organisation and it would not be appropriate for the British Psychological Society to comment on matters concerning another charity. The British Psychological Society takes its governance responsibilities extremely seriously and is committed to maintaining a safe, respectful and transparent professional environment.”
The case has prompted wider discussion about the balance between trustee duties and legal safeguards in the voluntary sector.