 |
SEPTEMBER 2009 |
 |
This material will shortly be available on our website ( www.russell-cooke.co.uk) together with an archive of past updates. The topics covered this month are: GOVERNANCE – CIO CONSULTATION
GOVERNANCE – CIO CONSULTATIONThe Charity Commission and Cabinet Office have published a joint response to the consultation on the new structure for charities, the Charitable Incorporated Organisation (CIO). As a result of the consultation, changes will be made to both the draft regulations and the model constitutions and these changes are expected to be finalised and published by the end of the year. Changes to the initial proposals include:
It is currently expected that this new structure will be available from late Spring 2010. Click Here for the response to the consultation. For further information, please contact:
PROPERTY – Fire SafetyCharities should be reminded of the Regulatory Reform (Fire Safety) Order 2005. The order, which applies to most types of property, abolished the previous requirement for a fire certificate. It effectively transferred responsibility for fire safety of premises from the fire authority to the owner or landlord of premises, or the employer. The responsible person must arrange for a fire risk assessment to be carried out, documented and acted on. Penalties for serious breaches of the order can extend to an unlimited fine or a prison sentence of up to two years. There have been a number of prosecutions under the order. Charities which are landlords, employers, or run charity shops, hostels, residential care homes or provide sheltered accommodation, should ensure that they have carried out a risk assessment, and review it regularly, particularly if changes have been made to the premises. The assessment should be carried out by someone with appropriate qualifications and experience.
EMPLOYMENT – Heyday challenge: Retirement age of 65 is lawfulThe High Court has handed down its judgment in Age UK’s (formerly Heyday’s) challenge to the Government’s age discrimination legislation. The Employment Equality (Age) Regulations 2006 brought in a general prohibition on age discrimination. However, the Regulations provide for a retirement age of 65. After this age, employers can implement compulsory retirement, provided that certain procedural steps are carried out. Age UK challenged this on the basis that the Government had failed to correctly implement the European Directive on Equal Treatment. Age UK also challenged the direct discrimination provisions and the way in which employers are allowed to justify direct discrimination. The Court held that the Government was motivated by social policy concerns and preserving labour market confidence was a legitimate reason for the designated retirement age (“DRA”). The retirement age was designed to give certainty to both employers and employees and allow for planning on both sides. The judge found that the adoption of a designated retirement age was proportionate but there were powerful arguments in favour of adopting a higher age such as 68 or 70. In particular, the judge noted that a higher retirement age would not have had any general detrimental labour market consequences or block access to high level jobs. However, the Government was entitled to a certain amount of discretion in selecting a retirement age and monitoring the impact of the DRA of 65. The court also noted that a retirement age of 70 had received little popular support from employers during consultation. In light of the fact that the Government would soon be reviewing the retirement age, the DRA was held to be lawful. This decision is positive news for employers facing challenges to compulsory retirement based on the Age UK’s challenge. However, the Government has announced that the review of the DRA will take place in 2010 and the Court’s comments on the justification for a DRA of 65 are likely to mean that the Regulations will be amended further. The retirement age looks set to rise with the Government’s plan to raise the state pension age to 68 by 2046 for men and 65 by 2020 for women and the Conservatives’ proposal to accelerate the increase. R (on the application of Age UK) v the Secretary of State for Business, Innovation and Skills (2009) EWHC 2336 (Admin) For further information, please contact:
EVENTSProgramme of Evening Seminars 2009/2010 To see the full list of seminars please follow this link http://www.russell-cooke.co.uk/serv_c&o_charities_events.htm Tuesday 3 November 2009 Wednesday 18 November 2009 Tuesday 1 December 2009 Wednesday 13 January 2010 For booking information please contact: Janev Djemil on 020 8394 6372. Janev.Djemil@russell-cooke.co.uk
OTHER EVENTS Russell-Cooke have teamed up with the Directory of Social Change to run a series of seminars on Employment legal issues for Charities The Employment Law Club The employment law Group (ELG): the only one of its kind. The ELG is a brand new service provided by Directory of Social Change together with Russell Cooke LLP Solicitors. It is specially designed to provide up-to-date information for senior managers or HR professionals and anyone who is responsible for employment matters within their charity. The groups offers an annual subscription for members to meet five times a year for a half day workshop and networking lunch to obtain knowledge and discuss concerns around Employment Law issues together with a free initial telephone consultation with a specialist employment lawyer from Russell-Cooke. For more information on the Employment Clubs please follow this link http://www.dsc.org.uk/Training/Law
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 LLP. Copyright: Russell-Cooke LLP, September 2009. To subscribe to this monthly legal update please visit http://www.russell-cooke.co.uk/serv_charities_intro.htm and fill in the online request form, or send an email including your name and email to, charitylegalupdates@russell-cooke.co.uk
If you would rather not receive the Charity Update from Russell-Cooke, unsubscribe by clicking here. We may on occasion e-mail you with details of Charity Team events. If you would rather not receive these separate e-mails please click here. |