The claimant in a legal case that could have extended whistleblowing protections to charity trustees has quit as chair of a charity due to an alleged “hazardous legal environment”.
Nigel MacLennan stepped down from the classical music charity Playground Proms because continuing in his role would mean “endorsing a system that is dysfunctional and broken”, he said in an open letter to the Charity Commission.
MacLennan, who had been in the role since 2023, said his decision to resign was a “reflection of the unsustainable and hazardous legal environment in which all UK charity trustees are now forced to operate”.
The letter said: “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.”
This follows an employment tribunal’s decision last month to reject a claim that could have seen whistleblowing rights given to trustees.
The case, which was between MacLennan and the British Psychological Society, stemmed from MacLennan strongly denying allegations of “persistent bullying” after he was expelled from the charity in 2021.
MacLennan claimed he should have been given whistleblowing protections at an employment tribunal in 2024 and the tribunal rejected his claim because he was not a BPS worker.
But an employment appeal tribunal later upheld his claim and sent the case back to the tribunal to consider the matter further.
The tribunal rejected MacLennan’s claim last month and Judge Mark Butler ruled that although trustees are not analogous to workers, their position does qualify as an “other status” under Article 14 of the European Convention on Human Rights.
MacLennan said he would appeal the decision and, in last week’s letter, said he “can no longer ask myself, or indeed any other professional, to accept personal liability without legal protection”.
He said: “To continue in this role would be to endorse a system that is dysfunctional and broken.
“I hope that my resignation serves as a catalyst for the Charity Commission, the select committee and parliament to close this gap.”
A spokesperson for the Charity Commission 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 connection they have to their charity, are encouraged to bring serious concerns to our attention.”
The regulator said confidential disclosures were an “important part of how the commission can uncover wrongdoing and harm in charities”.
The spokesperson said: “We have put in place measures to support [disclosures].
“People tell us that they get a lot out of being a trustee.
“They are immensely positive about their experience, with eight in 10 trustees likely to recommend the role to others.”
A spokesperson for the British Psychological Society said it would not be appropriate for the charity to comment on MacLennan’s resignation because it related to a separate organisation.
“The BPS takes its governance responsibilities extremely seriously and is committed to maintaining a safe, respectful and transparent professional environment,” the spokesperson said.
Playground Proms has been contacted for comment.
