Charity, Education and Not for Profit
Welcome to the charity, education and not for profit sector web page. Here you can find information about changing rules and legislation affecting the charity, education and not for profit sector, see relevant articles on employment law and find out the dates for our next workshops, where you will be able to get a legal update from our team and meet individuals working in the charity, education and not for profit sector.
If you have any information or articles that you consider would be useful to other people in the sector, please use the form at the bottom of the page.
Top 3 Concerns in the charity, schools and not for profit sector
- Atypical working arrangements;
- Discipline, dismissal and grievance such as following fair procedures;
- Equal Opportunities.
Latest Employment Law News
Lawyers allowed to attend internal disciplinary hearings?
Protection of children and vulnerable adults (UPDATE)
The Vetting and Barring Scheme covering England, Wales and Northern Ireland, a scheme designed to protect children and vulnerable adults has been much criticised. The Government has announced that many view the current scheme as ‘disproportionate’, ‘overly burdensome’ and ‘unduly infringing on civil liberties’. As a result it will adjust the scheme to bring it to a ‘common sense and proportionate’ level. Exactly how the scheme will change has yet to be announced but it has put an immediate halt on the need for those working in a regulated activity to register under the scheme. Voluntary registration for new employees and job-movers working or volunteering with children and vulnerable adults was started on 26 July 2010.
Some provisions already in place are due to remain and they include:
- a wider definition of ‘regulated activity’ (certain activities in relation to children and vulnerable adults are regulated and known as ‘regulated activity’). A ‘regulated activity’ includes, for example, an activity that involves contract with children or vulnerable adults frequently, intensively and/or overnight such as teaching, care, supervision, advice, treatment and transportation; other activities such as fostering and childcare etc; activities involving people with certain responsibilities such school governors, directors of social services etc.
- where an employer knows that a person has been barred from working with children and/or vulnerable adults by the Independent Safeguarding Authority, it is an offence for that employer to employ that person in regulated activity.
- criminal penalties for barred individuals if they work in regulated activity or who seek such work.
- the Independent Safeguarding Authority will continue to adminster the two lists, one for those barred from working with children and one for those barred fron working with vulnerable adults. Checks of the new list can be done via the enhanced CRB check.
- employers have a duty to refer information about any individuals who could be a risk to the Independent Safeguarding Authority.
- anyone working in a regulated position is eligible for an enhanced CRB check.
“I am absolutely delighted to have this opportunity to provide the highest commendation for Kirsty Lewis of Thomas Mansfield LLP
We were unaware of Thomas Mansfield LLP before selecting them to represent us however if their other staff are of a similar calibre to Kirsty Lewis then their reputation will be significantly enhanced.
Kirsty quickly established herself as a dedicated, professional, legal expert and achieved significant success on our behalf.
She handled our case with skill, commitment and reliability. She absorbed complex issues easily with a comprehensive understanding of the strategic matters while retaining a grip of the minor points. There was never a time when she was preoccupied, unavailable or aloof, while restless until she had given her best to the task at hand.
Kirsty provided us with the highest level of service and practical support, beyond anything we could have imagined. Her methodical, unassuming but authoritative, manner calmed us at points of anxiety thus increasing our admiration and respect for her.
Kirsty Lewis is a valuable asset to Thomas Mansfield LLP and I recommend them both enthusiastically.”
Danny Smith, Jubilee Campaign
Meet the Team
The charity and not for profit sector team is a group of solicitors within ThomasMansfield LLP who have a particular interest in working for clients in the charity and not for profit sector.
The team meets on a regular basis to discuss, for example, updates and issues arising in the charity and not for profit sector and to share knowledge and information affecting this sector.
Some of the benefits of using solicitors in the charity and not for profit sector team are that each team member has experience of advising clients within the charity and not for profit sector in many contentious and non contentious employment matters and they understand the needs of clients within the charity and not for profit sector too.
The Team’s Experience:
The team understand that charities and not for profit organisations have many different aspects of the business to take into consideration when making decisions and most charities and schools rely heavily on their reputation including their reputation as a fair employer.
Many charities, schools and not for profit organisations of all sizes have relied upon our team to guide them through the minefield of legislation. The team advises on all employment law issues such as different types of working relationships for example, volunteers, flexible and casual workers and secondees; working time regulations; disciplinary and grievance issues; discrimination issues; redundancy and bullying and harassment.
The charity, education and not for profit team understand the need to balance the requirements of charity law, education law, employment law with the purpose of the organisation. In addition, flexibility is often required when advising part-time Trustees. The team has experience in advising independent schools; religious organisations; housing associations; healthcare charities and children’s charities.
The team regularly train clients and HR professionals on all areas of employment law.