If you are an employer, you are bound by the same employment law as any other employer. So much so that your status as a charitable organisation will not be taken into account in any award to a former employee following a claim for unfair dismissal or unlawful discrimination.
At the same time, your status as a third sector organisation means that charity law must be considered in your relationships with your employees. The issues that need to be addressed include:
- The distinction between volunteers and employees and volunteer agreements
- The power of a charity to make payments to employees that it is not legally obliged to make e.g. enhanced redundancy payments
- Discrimination, whether in dealings between the charity and its employees or the charity and its beneficiaries
When it comes to employment law in relation to charities, our charity law team works closely with our employment law team. It means you get advice that ticks all the boxes.
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Access to the single market may not have direct relevance to charities but that does not mean that they are immune from the effects of Brexit. Hard evidence is lacking – as it was in much of the referendum debate – but some themes are emerging: