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Employment and Pensions

The vast majority of charities employ staff and therefore have to comply with an extensive body of employment legislation. In addition, charity trustees are subject to particular duties which can sometimes impact on their employment processes and decisions.

Many charities have historically participated in final salary pension schemes. The costs and obligations associated with such pension schemes have increased significantly over the past 15 years and the law has become highly complex and technical. Employers and trustees of final salary pension schemes are coming under increasing pressure and we have dedicated specialists who can help you with all manner of pensions arrangements ranging from final salary schemes to the proposed new compulsory pension contributions to be introduced for all employers from 2012.

Case studies

1. Advising a national charity which needed to take action to dismiss one of its senior employees to whom the charity also provided accommodation. This included advice on the ability of the trustees, in the light of their duties, to agree a settlement with the individual concerned.
2. Advising a local branch of a national charity on the terms of its participation in a final salary pension scheme operated by the national governing body.
3. Advising a local charity on implementing changes to its final salary pension scheme including advising on revised trustee indemnity provisions and the appointment of a professional trustee.
4. Advising a local student union guild, which is in the process of establishing as a charitable company, on the pensions aspects of its incorporation.
5. Advising a large local charity on significant changes to its workforce, including transfers of employment to and from other organisations and re-location to a new site. This work involved advising trustees and managers on the risks arising from implementing changes to terms and conditions and how to manage a collective redundancy situation correctly.
6. We provide regular advice to Trustees on employment litigation, representing employers in the Employment Tribunal. We recognise that reputation management is a very important part of the process for charity clients and regularly advise on practical, confidential solutions in connection with employment grievances and disputes. If the matter does progress to the Employment Tribunal the team has a number of experienced advocates who can defend such cases robustly.

For initial advice, please contact:

• Karen Bates on 01392 685221 for employment
• Comron Rowe on 01752 675156 for pensions