Birketts Charities Team

❓ Take it or leave it: the ethics of gift acceptance and refusal Rogare, a fundraising think tank, has released a new paper with the above title, which is intended to accompany the Chartered Institute of Fundraising and Charity Commission's guidance. Well worth a read 📕 https://lnkd.in/eAH5ye8W

🎉As #Trusteesweek draws to a close, we join with others to thank the dedicated individuals committing their time, energy and expertise to the charity sector.   💪 Largely unpaid, often unseen and rarely thanked, trustees carry a huge responsibility for driving forward the work of charities.   👍 Encouragingly, most trustees see their work as hugely rewarding and 8 out of 10 would recommend being a trustee to others.   🤝 Equally encouragingly, the Charity Commission's CEO David Holdsworth, said in a speech (https://lnkd.in/eJDA5WSr) celebrating trustees this week, "We’ve been working with Pro Bono Economics on research to better understand who trustees are, and what their skills are. We intend to use the findings to help us better support trustees through the advice and guidance we provide."   When the social media noise ends this week, we understand that your work as trustees continues. We continue to celebrate you and thank you, and we commit to using our time, energy and expertise to supporting you whenever you need it. 👏

The new duty to prevent sexual harassment The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect on 26 October 2024. The Act introduces a legal duty for employers to proactively take reasonable steps to prevent sexual harassment. It was recently reported that four out of five charities are concerned about the new duty, which requires proactive steps to be taken. If you are uncertain about how to prepare, you might be interested in our Employment Team's upcoming webinar on 12 November. Link to sign up below. https://lnkd.in/eJaAtWrm

Charities and conflicts of interest: is the guidance clear enough? An article by Liz Brownsell that was first published in New York Law Journal is now available on our website. https://lnkd.in/e8XCzx5z In this article, Liz examines the recent case of Goodband v Charity Commission in which Suzanne Goodband appealed the Commission's decision to disqualify her. Liz explores the issues in the wider context of the increase in regulatory action by the Commission on issues relating to mismanagement of conflicts or personal benefit issues and asks the question: is the guidance in this area clear enough? You can read the original New Law Journal article here: https://lnkd.in/esDr78pc

Charity trustee disputes and the importance of resilient governance As with most relationships, no one ever thinks people are going to fall out until they do. When this happens amongst charity trustees, the consequences for a charity, its work and its beneficiaries can be significant, long-lasting, expensive and hugely disruptive. Jennifer Marley has written an article on this topic, in which she focuses on the recent high profile dispute at the Actors' Benevolent Fund and provides top tips on how to avoid disputes escalating within your charity. https://lnkd.in/efwVcqnV #charity #trusteedisputes #disputeresolution #charitydisputes #actorsbenevolentfund

What has Labour's first 100 days meant for Charities? In this short article, we look at where the new government has captured the attention of the sector and where the jury is still out. https://lnkd.in/ez2Hptpi

Should charity trustees be protected in law as whistleblowers? This is the question that is being considered in the case involving Dr Nigel MacLennan and the British Psychological Society. Yesterday, the Employment Appeal Tribunal handed down its judgment on the specific question of whether a charity trustee should be treated as a 'worker' as a whistleblower. Dr MacLennan brought a case against the charity last year because he had been disciplined and removed as a charity trustee after reporting to the Charity Commission his concerns about serious governance failings within the charity. The Employment Tribunal concluded that, as he was a volunteer, he had no standing to bring such a claim. The Employment Appeal Tribunal has concluded that "there was a strong argument that being a charity trustee, President-Elect and/or President is akin to an occupational status" and that the Employment Tribunal "did not adequately consider the relevant circumstances and conduct the broad-brush assessment necessary". The ET was also criticised for having "focused almost entirely on lack of remuneration and the linked fact that the claimant was a volunteer", which are "relevant factors, but not determinative". The case has been sent back to the ET for further consideration and could prove to be a landmark case if it results in charity trustees being recognised as having a status akin to that of workers. This is certainly one to watch. To read the full judgment: https://lnkd.in/e7Rgme5X

The Department for Education has announced that the application window for the 2025-2026 Condition Improvement Fund (CIF) is now open. If you are an academy, sixth-form college or voluntary-aided school check on the Department for Education's website (link below) to see if you are eligible. https://lnkd.in/ePJDjUJg #BirkettsLLP #BirkettsCharitiesTeam #Education #academies

At the Charity Law Association Conference last week, David Holdsworth discussed the Charity Commission’s priorities to ensure that “charities remain at the beating heart of society, that they remain relevant, and trusted as vehicles for positive change.” David highlighted several key topics, including: 📃 Improving Accessibility: Enhancing the accessibility of the Commission’s online guidance for trustees. 💡 Embracing New Technology: Exploring the potential of new technology and AI. 🌐 Anticipating Societal Shifts: Considering the impact of future societal changes. The transcript of the speech is available here: https://lnkd.in/evHvRuZz

Really excited to be at the Charity Law Association 30th Annual Conference today with the rest of the team. Looking forward to a day of great talks and catching up with fellow chairty lawyers