OTHER CHAPTERS
I. SETTING UP AN ORGANISATION
Ch.1: Trusts & unincorporated associations
Ch.2: Companies & other incorporated structures
Ch.3: Charitable status, charity law & regulation
Ch.4: The objects clause
Ch.5: The governing document
Ch.6: Setting up an organisation
Ch.7: Registering as a charity
Ch.8: The organisation's name
Ch.9: Branches, subsidiaries, partnerships & mergers
II. GOVERNANCE & MEMBERSHIP
Ch.10: Members of the organisation
Ch.11: Members of the governing body
Ch.12: Officers, committees & sub-committees
Ch.13: Duties & powers of the governing body
Ch.14: Restrictions on expenses, remuneration & benefits
III. RUNNING AN ORGANISATION
Ch.15: The registered office and other premises
Ch.16: Paperwork requirements
Ch.17: Meetings & decision making
Ch.18: Legal agreements
Ch.19: Organisational & personal liability
Ch.20: Insurance
Ch.21: Financial difficulties & winding up
IV. EMPLOYEES, WORKERS, VOLUNTEERS & OTHER STAFF
Ch.22: Employees and other workers
Ch.23: Rights, duties & the contract of employment
Ch.24: Model contract of employment
Ch.25: Equal opportunities in employment
Ch.26: Taking on new employees
Ch.27: Pay & pensions
Ch.28: Working time & leave
Ch.29: Disciplinary matters, grievances & whistleblowing
Ch.30: Termination of employment
Ch.31: Redundancy
Ch.33: Employment claims & settlement
Ch.34: Self-employed workers & other contractors
Ch.35: Volunteers
V. SERVICES & ACTIVITIES
Ch.36: Health & safety
Ch.37: Equal opportunities in provision of goods & services
Ch.38: Confidentiality, privacy, data protection & freedom of information
Ch.39: Intellectual property
Ch.40: Publications & publicity
Ch.41: Campaigning & political activities
Ch.42: Public gatherings & entertainment
Ch.43: Food & drink
VI. FUNDING & FUNDRAISING
Ch.44: Funding & fundraising: General rules
Ch.45: Fundraising activities
Ch.46: Tax-effective giving
Ch.47: Trading companies
Ch.48: Contracts & service agreements
VII. FINANCE
Ch.49: Financial procedures & records
Ch.50: Annual accounts, reports & returns
Ch.51: Auditors
Ch.52: Corporation tax, income tax & capital gains tax
Ch.53: Value added tax
Ch.54: Investment & reserves
Ch.55: Borrowing
VIII. PROPERTY
Ch.56: Land ownership & tenure
Ch.57: Acquiring & disposing of property
Ch.58: Business leases
Ch.59: Property management & the environment
IX. BACKGROUND TO THE LAW
Ch.60: How the law works
Ch.61: Dispute resolution & litigation
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UPDATED INFORMATION FOR CHAPTER 32:
VOLUNTARY SECTOR LEGAL HANDBOOK
This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.
These websites for each chapter update
the 2nd edition of The Voluntary Sector Legal Handbook by Sandy Adirondack and James Sinclair Taylor (Directory of Social Change, 2001). The websites are not intended as a comprehensive update and should not be treated as such.
To order a copy of The Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking
. It costs £50 for voluntary organisations or £80 for others, plus 10% p&p. We expect the third edition to be published in 2007.
The information here covers the law applicable to England and Wales. It may not apply in Northern Ireland and/or Scotland. These news items are not a full or definitive statement of the law and are not intended as a substitute for professional legal advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be taken by the author.
Chapter 32
EMPLOYER-EMPLOYEE RELATIONS
INFORMATION AND CONSULTATION REGULATIONS
Updated 1/3/07. This information updates s.32.1.1 in The Voluntary Sector Legal Handbook 2nd edition.
The Information and Consultation of Employees Regulations (TICER), implementing the EU Information and Consultation Directive, are in effect from 6 April 2005 for organisations with at least 150 employees, 6 April 2007 for organisations with 100-149 employees, and 6 April 2008 for those with 50-99 employees. They require employers to inform/consult on business developments, employment developments, and substantial changes in how the work will be organised.
But under the regulations, employers do not need to do anything unless 10% of employees (minimum 15, maximum 2,500) trigger a request for negotiating an information and consultation agreement. Where this happens, the negotiation will be based on standard provisions which can ultimately be imposed by the Central Arbitration Committee. This is not the case for pre-existing agreements before the regulations come into force, which can be tailored to the organisation's circumstances and do not have to comply with the default provisions.
From 6 April 2007 the statutory grievance procedure must be followed if an employee claims the employer has penalised them for exercising their entitlement to be informed and consulted.
The regulations are at www.opsi.gov.uk/si/si2004/20043426.htm. The DTI's summary guidance is at www.dti.gov.uk/files/file26480.pdf. ACAS's good practice advice and on-line training materials, developed jointly with the DTI, CBI and TUC, are at www.acas.org.uk/index.aspx?articleid=338.
TRADE UNION PROTECTIONS
Updated 24/10/05; links updated 22/12/05. This information updates s.32.4 in The Voluntary Sector Legal Handbook 2nd edition.
From 1 October 2004 ss.29-32 of the Employment Relations Act 2004 are in force, protecting workers against being offered inducements by their employer not to be or to be a member of a trade union, not to take part in their union's activities, not to use their union's services, or not to have their terms and conditions of employment determined by a collective agreement negotiated by their union. These provisions also extend protection against being treated detrimentally or being dismissed because of trade union involvement or refusal to accept one of these inducements.
Ss.33-34, relating to exclusion or expulsion from trade unions, came into effect on 31 December 2004. From 6 April 2005 provisions on union recognition (ss.1-21, except 9, 10 and 13) and industrial action (ss.22-28, except 22 and 25) are in effect. The industrial action provisions extend the "protected period" for lawful industrial action from eight weeks to 12 weeks.
The final provisions came into effect on 1 October 2005. These include provisions that the employer and workforce must not coerce or intimidate the workforce to influence the outcome of ballots on industrial action, and changes in the information that unions are obliged to provide to employers about industrial action. Statutory codes of practice on union recognition and on industrial action ballots also came into force on 1 October 2005.
Information is available from trade unions and from ACAS at www.acas.org.uk/index.aspx?articleid=526&detailid=588.
The Employment Relations Act 2004 is at www.opsi.gov.uk/acts/acts2004/20040024.htm.
Explanatory notes are at www.opsi.gov.uk/acts/en2004/2004en24.htm.
UNION LEARNING REPRESENTATIVES
Updated 18/6/03; links updated 22/12/05. This information adds a new s.32.6.3 to The Voluntary Sector Legal Handbook 2nd edition.
From 27 April 2003 there is a new right for union learning representatives (ULRs) appointed by a union recognised by the employer, to have paid time off to carry out their duties. These duties are analysing union members' learning or training needs, providing information and advice about learning or training, arranging learning or training, promoting the value of learning or training, and consulting the employer about learning or training for union members.
The ACAS code of practice covers issues such as time off for learning activities and training to carry out the activities. It is at
www.acas.org.uk/media/pdf/l/q/CP03_1.pdf.
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for the voluntary sector
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