LawWorks - 2014

Managing redundancies

Valerie Hudson — Fri, 25 Sep 2015 16:47:00 +0000

Charles Pigott from Mills & Reeve LLP talks about how to manage redundancies and outlines what a fair procedure typically looks like.

Who should watch this?

Watch this if you are planning to make less than 20 employees redundant.

The content of this video is accurate as at August 2019 (but see 'Update' section below).

What does the video cover?

The video will cover questions such as:

What is a redundancy?
Does it matter how long an employee has been employed for?
What contractual rights of the employee do I need to check?
How do I choose who will be made redundant and when can I make my final decision?
How many consultation meetings do I need to have?
How can we avoid compulsory redundancies? Can we ask an employee to reduce their pay instead, or ask them to take on a different job?
How can I avoid discrimination allegations?
Do I need to consult employees who are on maternity leave?
What else can we do to handle things as sensitively as possible?
Do we need a settlement agreement?

Running time: 24 mins

Title Page (0.23)
Introduction (1.40)
Legal definition of redundancy (2.34)
Contractual rights (3.52)
Fair redundancy procedure (7.56)
Alternatives to redundancy (2.38)
Other points to consider (5.38)
Summary (0.13)

Update

Since this video was filmed the cap on one week’s pay for the purposes of calculating statutory redundancy pay has changed. For the current rates, see www.acas.org.uk.

Also, please note that the law on how payments made to an employee on the termination of their employment are taxed has changed for terminations on or after 6 April 2018. Under these new rules, there will be an additional tax charge if the employee does not work their full notice period, even if the termination payment they receive is under £30,000.

Special thanks to

Charles Pigott and Mills & Reeve LLP.

Disclaimer

LawWorks, the presenters, and the organisations involved in producing these resources cannot accept any responsibility or liability for the use of the materials and they are not a substitute for taking appropriate legal advice.

Date last reviewed

August 2019

Date of publication

Monday, September 1, 2014

Area of law

Employment

Year of Publication

2014

Type of Resource

Video

Free talks tag

Employment

Date last reviewed

Friday, August 16, 2019

LawWorks Clinics Network Report - April 2013 - March 2014

Valerie Hudson — Wed, 16 Sep 2015 00:11:03 +0000

The LawWorks Clinics Team have published a new report on pro bono work being delivered in free legal advice clinics registered as part of the LawWorks Clinics Network for the period of April 2013 to March 2014, the year immediately following the introduction of LASPO.

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Employing someone new

Valerie Hudson — Tue, 01 Sep 2015 11:43:00 +0000

Els Janssens explains what a not-for-profit should consider when taking on a new member of staff, drawing distinctions between employees, volunteers and self-employed contractors.

Who should watch this?

Watch this if you are hiring a new member of staff and want to know how to do this.

The content of this video is accurate as at July 2017 (but see 'Update' below).

What does the video cover?

The video will cover questions such as:

How can I decide what kind of relationship to set up (ie, employment, volunteer, worker or self-employed)?
What are the advantages and disadvantages of taking on someone as an employee?
How can I carry out a fair recruitment process?
What legal rights do job applicants have that I should know about?
What do I need to include in a job offer?
Do I need to check someone has the legal right to work in the UK?
How can I do a background check and find out about previous convictions?
What are the key terms to include in a contract of employment?
What will terms such as pay, hours, holidays, confidentiality, data protection, termination, and non-competing deal with?

Update

Since this video was filmed:

the maximum civil penalty for an employer who negligently hires an individual who does not have the right to work in the UK has risen from £10,000 to £20,000 per individual. In addition, the criminal offence of 'knowingly' employing an illegal immigrant has been expanded to include any hiring where the employer has "reasonable cause to believe" the employee did not have the right to work in the UK;
the UKBA has been replaced by 'UK Visas and Immigration'';
the GDPR will be coming into force in May 2018 which will enforce stricter rules on data protection;
there have been significant changes to apprenticeships and in particular the apprenticeship levy;
there is now a higher National Living Wage for workers aged 25 and over;
individuals on zero hour contracts could be workers or employees; and
there is a prohibition on the use of exclusivity clauses in zero hour contracts preventing individuals from working for other organisations.

Running time: 28mins

Title page (0.23)
Introduction (1.16)
Type of engagement (8.20)
Fair recruitment (4.27)
Right to work (1.46)
Background checks (2.55)
Contracts of employment (8.23)
Summary (1.07)

Special thanks to:

Els Janssens and Nabarro (now CMS).

Disclaimer

Date last reviewed

July 2017

Date of publication

Tuesday, September 1, 2015

Area of law

Employment

Year of Publication

2014

Type of Resource

Video

Free talks tag

Employment

Date last reviewed

Thursday, July 27, 2017

Charity structures - overview

admin — Fri, 28 Aug 2015 11:29:00 +0000

This video by law firm Russell-Cooke explains the different types of structures available for charities and community groups and highlights the advantages and disadvantages of each one.

Who should watch this?

Watch this if you are thinking about setting up a charity and are deciding what legal structure to use.

The content of this video is accurate as at September 2017 (but see 'Update' section below).

What does the video cover?

The video will cover questions such as:

What are the different structures available for charities?
What are the advantages and disadvantages of charitable trusts, unincorporated associations, companies limited by guarantee and charitable incorporated organisations (CIOs)?
Which structures best protect trustees from personal liability?
What is the difference between a company limited by guarantee and a CIO?
What structures might a social enterprise use?

Running time: 18mins

Title page (0.23)
Introduction (0.25)
Main structures (1.36)
Charitable trusts (2.21)
Unincorporated associations (2.33)
Company limited by guarantee (5.38)
Charitable incorporated organisation (CIO) (4.19)
Summary (0.55)

Update

Since this video was filmed, the Charity Commission's approach to CIOs appears to have become more flexible, in that it appears to be allowing more changes to the Charity Commission model constitutions where the changes follow good governance principles.

Special thanks to:

Russell-Cooke and Nabarro (now CMS).

Disclaimer

Date last reviewed

September 2017

Date of publication

Thursday, May 1, 2014

Area of law

Charity

Year of Publication

2014

Type of Resource

Video

Free talks tag

Charitable structures

Date last reviewed

Friday, September 15, 2017

Amending governing documents and constitutions

admin — Fri, 28 Aug 2015 11:29:00 +0000

Law firm Russell-Cooke discusses the practicalities when amending governing documents and constitutions.

Who should watch this?

Watch this if you are a charitable trust, unincorporated association, company limited by guarantee or a CIO and want to know what issues to consider when changing your governing document or constitution. Watch in conjunction with reading the Charity Commission's guidance on 'Changing your charity's governing document'.

The content of this video is accurate as at August 2019.

What does the video cover?

The video will cover questions such as:

Do I need to tell the Charity Commission about the changes?
How much time should I allow to make the changes?
What is the procedure for changing the governing document or constitution?
What do trustees need to do?
Are there special rules for making certain changes, such as changing the objects?
Do companies limited by guarantee need members’ approval?
What is a Charity Commission Scheme?

Running time: 12 mins

Title page (0.23)
Introduction (0.15)
Key issues (1.22)
Unincorporated Association (1.19)
Company limited by guarantee (3.28)
Charitable incorporated organisation (1.45)
Charity Commission scheme (2.31)
Summary (0.40)

Special thanks to:

Russell-Cooke and Nabarro (Now CMS)

Disclaimer

Date last reviewed

August 2019

Date of publication

Monday, June 2, 2014

Area of law

Charity

Year of Publication

2014

Type of Resource

Video

Free talks tag

Governing documents

Date last reviewed

Thursday, August 16, 2018

The LawWorks Law School Pro Bono and Clinics Report 2014

Valerie Hudson — Mon, 10 Aug 2015 18:55:00 +0000

This report contains the findings of a survey carried out on behalf of LawWorks. The research identifies those law schools that are currently active in such work and examines the nature of this work and a range of operational issues.

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The LawWorks Clinics Report 2014

Valerie Hudson — Mon, 10 Aug 2015 11:09:26 +0000

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