News & Blog

WELCOME to the spring edition of Third Sector Law covering issues affecting Charities, CIC’s, Trusts and Associations. With many organisations having gone through restructuring, partnering arrangements and in some cases mergers, attention is now turning to consolidation and compliance.  In this issue we will be focussing on Director’s Duties and whether trustees can be paid for providing goods and services.  Our next issue will be out in the summer so there if there is a particular article you would like to see ...Continue Reading

We are regularly approached by charities asking whether their trustees can be paid for being trustees and for providing goods or services.  For example a charity recently asked us whether an accountant, who was on their board, could quote for their annual accounts and payroll work. As a general rule trustees cannot be paid for actually being trustees, that is they cannot be paid for the role they play in being a trustee.  Any such arrangement requires the express authority of ...Continue Reading

WELCOME to the winter edition of Third Sector Law covering issues affecting Charities, CIC’s, CIO’s, Trusts and Associations. With the economic situation continuing to cause concern, many third sector organisations are having to find more creative solutions to plug gaps in funding.  In this issue we are looking at two key areas; Working in Partnership and Governing Documents. We hope you enjoy reading the newsletter and that the articles are of use.  Our next issue will be out in Spring, if there ...Continue Reading

Chancellor's announcement on unfair dismissal and tribunal fees

The Chancellor, George Osborne, announced in his speech at the Conservative Party conference that the unfair dismissal qualifying period will rise from one to two years and that fees will be introduced in the employment tribunals.  We understand that the unfair dismissal change will come into effect on 6 April 2012. As yet there has been no further official announcement on tribunal fees.

Agency Worker Regulations

The ...Continue Reading

The Supreme Court has upheld a Court of Appeal decision that car valeters, whose contracts described them as self-employed and contained a substitution clause, were, in reality, employees.  It confirmed that, when determining an individual's employment status, employment tribunals may disregard terms included in a written agreement where they do not reflect the genuine agreement of the parties.  The focus of the tribunal's enquiry should be on the ‘actual legal obligations of the parties’[1].  The statutory protection afforded to an individual ...Continue Reading

The recent riots which have affected much of the country have left some business owners facing a heavy loss, with many insurance policies not covering this type of damage.  The government has announced measures designed to assist those affected including: 1.  Business rates relief – a £20million “high street support scheme” is provided by the government to local authorities who exercise their power to offer relief from business rates for firms affected by the riots. 2. Valuation lists – the Valuation Office ...Continue Reading

Whether you are a developer entering into a major contract for refurbishment or a homeowner arranging for an extension you are going to need to draw up an agreement with whoever you instruct to carry out the building work, and it is important that you cover the key points to avoid costly disputes. Many of the industry bodies (such as the JCT) publish standard forms of building contracts which will automatically cover many of these issues but you should ...Continue Reading

Outlook Despite the general doom and gloom following the budget, the construction industry is showing some signs of recovery.  In the north west, the major areas of work remain student housing, infrastructure and publicly funded work and areas such as Knowsley and Sefton have a variety of ongoing and imminent projects.  The announcement of the new Enterprise zones to be located at Liverpool and Wirral waters is bound to create new opportunities for developers, contractors and subcontractors in the local market. Everyone ...Continue Reading