FEBRUARY 2008

This material will shortly be available at our web-site (www.russell-cooke.co.uk) together with an archive of past updates.

CHARITABLE COMPANIES – This year’s AGM

Organisations which are companies are going to need to pay special attention in their preparation for this year’s AGM because of the changes the Companies Act have brought.

The key issues to focus on will include:-

• Ensuring notification of the right to use proxies goes out in every case;
• Considering which of the Companies Act liberalisations will mean articles need to be amended to incorporate;
• Adding provisions to cover changes in the conflict of interest rules;
• Brief the chair on the new rules governing the use of proxy and other areas of potential difficulty such as changes to rules on representatives of corporate members.
• Introducing improved trustee indemnity protection (needs Commission consent)

For further information see – Article on Company Act Changes, on our website www.russell-cooke.co.uk

JAMES SINCLAIR TAYLOR on 020 8394 6480, James.Sinclairtaylor@russell-cooke.co.uk 

EMPLOYMENT

UNFAIR DISMISSAL

The compensation limits for unfair dismissal was increased on the 1st February 2008.

AGE DISCRIMINATION

Heyday, a membership organisation backed by Age Concern has applied to the High Court challenging the retirement provisions under the Employment Equality (Age) Regulations 2006.

The President of the Employment Tribunals has issued a Practice Direction staying all tribunal claims relating to the lawful retirement age of 65 or above pending the decision of the ECJ in the Heyday case.

If the retirement provisions are struck down, employers will have to demonstrate retrospectively that any retirement was objectively justified.

For further information on the above employment matters, please contact:
JANE KLAUBER on 020 8394 6483, Jane.Klauber@russell-cooke.co.uk 

DISABILITY LEGISLATION AND PROPERTY

Many charities will be affected by changes to rules that prevent prejudice against disabled people under disability discrimination legislation. These impact upon service providers i.e. all those who provide a service or supply goods to the public.

Where it is impossible or unreasonably difficult for disabled persons to access your goods or services because of a physical feature of the property, then the person who provides the service must take reasonable steps to:

a) remove the feature;
b) alter it so that it no longer takes effect;
c) provide a reasonable means of avoiding the feature; or
d) provide a reasonable alternative method of making the service available to disabled persons.

It is crucial to be aware that these obligations rest with the organisation providing the services, not the property owner, and so if you are the one providing the service you are the one responsible for making the alterations. This may be the tenant, or the landlord, or both.

The 1995 legislation also protects people from discrimination in the field of employment. Employers may have to make “reasonable adjustments” if their premises place disabled people at a substantial disadvantage to non-disabled people.

The Disability Discrimination Act 2005 (together with the Disability Discrimination (Premises) Regulations 2006) imposes duties on landlords and managers of let property not to discriminate directly or indirectly against disabled persons. Landlords and agents must try to accommodate disabled tenants taking any lease, sublease or licence and make reasonable adjustments to policies and procedures that make it difficult for the disabled person to enjoy the property. The legislation may override leases.

For further information, please contact:
KATE SLATTERY on 020 8394 6458, Kate.Slattery@russell-cooke.co.uk 

EVENTS

Programme of Evening Seminars 2007/2008

Tuesday 11 March 2008
CHARITIES WORKING INTERNATIONALLY
We will discuss a range of issues including:
> Staff and management challenges
> Arrangements with partner organisations
> Ensuring compliance with your purposes and mission
> Transfer of data
> English or other legal systems.

Wednesday 2 April 2008
GOVERNANCE: IMPLEMENTING APPROPRIATE POLICIES AND STRUCTURES
The session will look at key governance policies managing conflicts of interest, processes of self-review for trustees, reviews of the role of membership, differing models for board size and committee structure, sub-committee structure, and the role of the Chair and officers.

Tuesday 22 April 2008
THE ROLE OF THE COMPANY SECRETARY
This is a session for company secretaries, trustees of charitable companies, and anyone else involved in the administration of a charitable company. The seminar will consider the impact of the Companies Act 2006 on the company secretary’s duties and will include guidance on:
> Understanding the legal structure of your organisation
> Preparing for and calling general meetings
> Passing member’s resolutions
> Proxy voting
> Company registers and records
> Fillings with Company’s House and the Charity Commission
> Electronic communications with members.

Wednesday 14 May 2008
INTRODUCTION TO EMPLOYMENT LAW: HOW TO REDUCE RISK
Employment disputes can amount to a substantial drain on an organisation’s resources. This session will provide an overview of the employment relationship and will highlight particular areas of risk and measures that organisations can take to protect themselves from claims.

For booking information please contact Janev Djemil on 020 8394 6372. Janev.Djemil@russell-cooke.co.uk

OTHER EVENTS

The Strategic HR in the Voluntary Sector Annual Conference 2008 – Thursday 6 March 2008
THE ANNUAL HR MANAGEMENT CONFERENCE
The conference aims to help HR managers and others who are seeking to improve their organisation’s approach to human resource management. This is an opportunity to hear the views of the Minister for the Third Sector, to learn from other organisations, to network, and to participate.

For more details and for booking information please follow this link: http://www.russell-cooke.co.uk/serv_c&o_charities_events.htm

The Trustee Conference 2008 – Thursday 26 June 2008
THE ANNUAL CONFERENCE FOR CHARITY TRUSTEES
Bringing together leading figures and specialist advisers in the charity world, the conference aims to help trustees and senior managers develop the skills and confidence needed to govern effectively in a fast evolving environment and address the challenges along the way.

For more details and for booking information please follow this link: http://www.russell-cooke.co.uk/serv_c&o_charities_events.htm

The Charity Team
Russell-Cooke Solicitors,
2 Putney Hill,
Putney,
LONDON
SW15 6AB
             
Tel: 020 8789 9111
www.russell-cooke.co.uk

This material does not give a full statement of the law. It is intended for guidance only, and is not a substitute for professional advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be accepted by Russell-Cooke.

Copyright: Russell-Cooke, February 2008

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An archive of past updates can be found at http://www.russell-cooke.co.uk/serv_charities_updates.htm

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