Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
Want a refresher on key charity law issues? Come to the BWB/DSC Annual Charity Law Conference on 14 May.
Whether you are a newcomer to charity law, a trustee or chair, or an in-house charity lawyer, these sessions will guide you through all the key areas, from employment, to regulatory requirements, and tax and VAT. Click here to view the full list of workshops.
A 15% discount is now available for BWB clients. Book here quoting the code “bwb15”.
Rob Oakley advises how charities can deal with a challenge to a legacy.
Apart from death and taxes, perhaps the next most certain thing in life is that each new generation is considered by its parents to be more slothful, more wasteful and more selfish than its predecessors. With Generation Y, or millennials, the young people born roughly between 1985 and 1995 and now embarking on their careers, this is more pronounced than ever before, with Time magazine last year running a front page entitled “The Me Me Me Generation: millennials are lazy, entitled narcissists who still live with their parents.”
BWB Partner Simon Steeden has recently been appointed by the Cabinet Office to advise Lord Hodgson’s statutory review of the non-party campaigning rules under the Political Parties, Elections and Referendums Act 2000, as amended by the “Lobbying Act”. Simon will advise the review alongside Helen Mountfield QC of Matrix Chambers, taking account of his extensive experience of advising clients on political campaigning and election law.
A 15% discount is now available for BWB clients booking on the DSC/BWB Annual Charity Law Conference on 14 May. Book here quoting the code “bwb15”.
Got a view about what the Charity Commission’s priorities should be? Then book your place at the DSC/BWB Annual Charity Law Conference and take part in the plenary debate. It’s your chance to put your view to our panel which includes Paula Sussex, Chief Executive of the Charity Commission. For more details see here.
This week’s Briefing is shorter than usual - with the beginning of the pre-election period, there have been very few announcements from Government departments.
Zero-hours contracts have long been a hot topic, and with less than 30 days until the general election the issue is again in the spotlight.
The Charity Commission has published two reports on the quality of charity accounts.
Shared Parental Leave and other parental rights
The new shared parental leave scheme takes full effect from 5 April 2015.
Criticism was voiced when the Transparency of Lobbying Act was first introduced but how have the provisions affected charities in the run up to the general election?
What does the dissolution of Parliament mean for you?
It will have been difficult to miss the beginning of the general election campaign, with the dissolution of Parliament yesterday marking the official commencement of campaigning ahead of the election on Thursday 7 May.
What are the key legal issues facing political parties on the campaign trail?
The law seeks to strike a balance between allowing freedom for candidates to get their views across at election time, whilst restricting anything likely to subvert the democratic process.
One of the most important elements is the restriction on spending, regulated by the Election Commission. The Political Parties, Elections and Referendums Act 2000 (PPERA) and Representation of the People Act 1983 (RPA) determine what can be spent by political parties (nationally), by the candidate, the election agent or the agent’s appointees (at constituency level), and by third parties (including UK residents, charities, companies and trade unions) in connection with promoting or procuring electoral success for a party or candidate in the “regulated period” prior to an election.
In the run up to an election, many organisations may consider arranging a hustings event, in order to give people an opportunity to hear from and question those standing in the poll.
Our latest Charity and Social Enterprise update covers the implications of the draft Protection of Charities Bill, the problems facing charities in terrorist-controlled areas, the immigration implications of restructuring, the new rules for charity lotteries, charity brand counterfeiting and preventative measures, as well as our regular roundups and more.
On 1 April 2015 new legislation comes into force which will affect registered care providers. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (the ‘Regulations’) extend the requirement that directors are ‘fit and proper’ persons and the duty of candour to apply to all service providers, as well as NHS trusts.
Social media cases are often newsworthy, particularly where the conduct of individuals occurs outside work on their own personal social media accounts. A review of the reported cases highlights the extent to which, in certain circumstances, Tribunals are willing to find in favour of an employee. Central to any Tribunal’s decision making will be the extent to which an employer implemented and communicated a social media policy, whether a fair disciplinary process was followed, and whether the employer had carried out an assessment of the potential damage caused to it by an employee’s comments.
The Supreme Court has ruled (by a 5:2 majority) that the Attorney General unlawfully blocked the release of letters sent by Prince Charles to government departments. R (on the application of Evans) v Attorney General  UKSC 21 concerned a Guardian journalist’s request for the letters in 2005 under the Freedom of Information Act 2000 (FOIA) and Environmental Information Regulations 2004 (EIR).
In the case of Lock v British Gas Trading Ltd, the employment tribunal has confirmed that UK domestic legislation can be interpreted so as to require employers to take commission payments into account when calculating a worker’s holiday pay i.e. in line with an earlier ECJ judgment in the case.
The Law Commission has published its long awaited consultation on certain technical aspects of charity law.
Next week the BWB Briefing takes a pre-Easter break. Our next Briefing will be sent out the week after Easter.
Updates have been announced for Entrepreneur's Relief, EIS and R&D tax credits in the latest Budget.
Yesterday's Budget contained some interesting points for those keeping a watchful eye on developments in Social Investment Tax Relief and Social Venture Capital Trusts.