We are experienced in providing advice on all employment law matters to charities including:

• Disciplinary and performance issues and grievances
• Statutory rights such as the National Minimum Wage and Working Time Regulations
• Employment contracts, procedures and policies
• The employment status of volunteers, interns and consultants
• Flexible working
• Staff transfers under the TUPE regulations, collective consultations and redundancy
• Employment tribunal claims

Charities wishing to merge with another charity or convert to a charitable company may have duties under the TUPE regulations with regard to the transfer of staff from or to the new entity. We are experienced in advising charities with regard to their duties under the TUPE regulations and in managing this process.

The prevalence of volunteers performing work in this sector gives rise to particular concerns for charities. Individuals regarded as volunteers by a charity have in the past successfully asserted claims that they were in fact workers or employees and entitled to the rights which apply to those categories, including the right to receive National Minimum Wage.

The determination of whether an individual is a worker or employee can be a difficult one, as the law in this area is complex. It is also easy for a charity to inadvertently give an individual worker or employee status by the use of poorly drafted volunteering agreement, or by providing a volunteer with benefits or a promise of future employment. We are able to assist charities in this area by advising on employment status and providing suitable policies and procedures for volunteer staff.