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BULLETIN JANUARY 2009


Subscriptions to this bulletin are climbing, so if this is your first one…My name is Daryl Martin. I head up a team of charity specialists whose aim in life is to free you up to do what you are there to do. This is a monthly bulletin going out to our clients, friends, contacts, friends of friends (well you get the drift), to keep them in touch with charity law, and anything else that might be helpful for them to know about. If you have anything to do with the world of charities, please read on, there might be something to excite your attention, who knows.

WHAT HAPPENED TO THE DECEMBER BULLETIN?:
By the time I had some useful things to say December was well underway and my amazing gems would have been buried beneath everything else that eats away at everyone’s time in December so this is my bumper January bulletin.


STATUTORY DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES:
All being replaced by an ACAS code of practice from 6th April 2009. This is good news for all of us. By the way, if you have any staffing issues that could explode in your face later on, don’t forget we have a first class HR specialist on our team. She is currently working with a couple of our charities which need help to untangle key workers where the work has dried up.


EMPLOYING A SKILLED WORKER FROM OUTSIDE THE EU OR SWITZERLAND?
From 27th November you must be a licenced sponsor registered with the Border Agency. This also applies to students and temporary workers for specific events. Check out: www.ukba.homeoffice.gov.uk/employers/. This will apply to many charities, so don’t neglect it and put yourselves at risk of non-compliance.


AGENCY TEMPS:
Won’t affect quite so many, but as I’m on employment issues.. The EU which now gives us more law than our own Parliament has passed a law which gives agency temps the same statutory and contractual rights as if they were directly hired after they have been with an employer for 12 weeks. No date yet for implementation.


VAT ON AGENCY STAFF WAGES:
From 1st April 2009, VAT must be applied to wages paid to the employment agency business. A charity that have agreements with other charities or organisations and there is a crossover of staff, working for one, paid by the other, must take care and make sure their agreements stand scrutiny.

(Thanks to Sandy Adirondack for much of the foregoing, and for burning so much midnight oil to make sure we are kept up to date)

That’s enough on staffing issues…


MARTIN’S MONEY TIPS:
This gets a mention from time to time. We are going to need help managing our finances more than ever this year, so do put the word out that here is a site that really can save you money and guide you through some of the financial turbulence that we are all now facing. www.moneysavingexpert.com


DATA PROTECTION:
This issue comes up regularly, and I have a helpful summary in my Trustees’ Manual. Generally in any discussion opinion is divided and I am often told that registration is not needed for charities. There are no special arrangements for charities that I am aware of. If you keep records and they include any personal data relating to preferences, categories etc, then you must register. Even if you don’t need to register you must be legally compliant anyway, so it’s worth checking out.


DATA PROTECTION (2) CONFESSION:
I would rather not do this, but needs must. If you have one of my manuals please go and find it if you can. Then turn to page 23 of section 11. Against the heading ‘REGISTERING’, the line should read, ‘all data controllers must comply, but don’t need to register when...’ Time I did a re-write.


COPIERS & PRINTERS:
A client charity was offered a great deal whereby the copier company would gift back the lease charge, making a significant saving. My concerns would be around the company going bust or being sold on when this donation probably won’t be guaranteed. Another client was caught out when they were advised by the copier company that there would be an agreement to withdraw from the contract after 2 years. They signed a finance deal but, 2 years down the line found that the finance company would not honour the agreement made (in writing) by the company. Do you have any comments which I can put out which might help charities struggling to do the right thing when they have to change their machine? Please let me know.


OGC BUYING SOLUTIONS:
This follows on nicely from the last item. I was told about this recently. As far as I can see it’s a government sponsored portal that gives charities the opportunity to make equipment and other purchases on the same terms as for government agencies. Does anyone have any experience of this site and what it can do?


THE SOCIAL COMPACT:
An enquiry came through asking about the place of faith organisations in the Social Compact set up by the government. It’s clear that faith groups are recognised and expected to be fully included and involved by local authorities. This is reflected in the local compact documents that have been drawn up by many authorities. Some of them do only seem to pay lip service to include faith groups and you may have to press your local authority if they don’t seem to be delivering. Interestingly, the Commission for the compact has now applied for statutory powers to be able to enforce the agreement; so clearly some authorities are generally not delivering.


THE YEAR AHEAD:
We all know it’s going to be a tough year. Charities and churches across the board are beginning to feel the pinch. We are getting weekly calls from charities that need solid guidance on how to cope with the downturn. Call us if you are in serious problems and need help. If we can help we will. Trustees need to be reviewing their plans for the year, checking their budgets, seeing where costs can be cut. Get close to your support base to make sure that support is maximised. Some people will have to drop their financial support; others will need to step up to the mark. If you are in a job, review your giving, perhaps you should be giving more. Also review what you are putting by for that rainy day. We should all aim to have a buffer and our charities and churches also need one. The businesses which go down are mainly those that were over borrowed. If you have loans make sure they are under control, get them paid off early if you can. There will be a lot more mergers this year; again we can provide support and advice. Let’s aim to get through this strengthened in our faith and our works.


CRE EXETER:
I almost forgot this one. I’m perfectly happy to go to Esher each year, but they are also sending me all the way to Exeter for the CRE exhibition, 29th January to 31st January. Yet another precious Saturday lost. If you are in the West Country please pop by and say hello. The staff have more sense than to drive 200 miles in the cold and wet so I’m taking my wife for support. I doubt I’ll get much as she has family down there. No tickets needed as entry is free


AND FINALLY(1)........

 

A joke:
A taxi passenger tapped the driver on the shoulder to ask a question. The driver screamed, lost control of the car, nearly hit a bus and stopped inches from a shop window. For a second all was quiet, then the driver said, ‘Look mate, don’t ever do that again. You scared the daylights out of me’. The passenger apologised and said he didn’t realise what a little tap on the shoulder would do. The driver replied, ‘Sorry, it’s not really your fault. Today is my first day as a cab driver, I’ve been driving a hearse for the last 20 years’.


A wise saying:
People are often anxious to improve their circumstances, but are unwilling to improve themselves. They therefore remain bound.


A timely reminder for 2009:
God whispers to us in our pleasures, speaks in our conscience, but shouts in our pain. It is His megaphone to rouse a deaf world. C S Lewis


Another reminder:

I know this next one is corny, but this year will be tough for many people, so let’s start by counting some blessings, (which in my case are too many to count).
I am thankful for:

  • The partner who hogs the covers every night (and sometimes snores), because they are not out with someone else.
  • The taxes I pay, because it means I have a job.
  • For the mess to clean up after having friends and family round; it means I have friends and family.
  • For the clothes that fit a little too snug; means I have enough to eat.
  • For all the jobs around the house that pile up so; means I have a home.
  • For the parking spot that’s too far away; means I have transport.
  • For all the people in church who sing off key; means I can hear (also means I am in the company of other imperfect people).
  • For the dog that needs walking when I get home tired after a late meeting; means I can walk.
  • For weariness at the end of the day; means I am still able to work hard.
  • For the alarm that goes off far too soon in the day; means I am alive.
  • For too many e-mails to reply to; means I have friends who think of me.


 



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