A recent decision from the Employment Appeal Tribunal in relation to the third requirement (relating to auxiliary aids) compromised in the duty to make reasonable adjustments in the Equality Act 2010 may provide charity employers with a useful reminder of the existence of this requirement.  The first two requirements - triggered by the application of a provision criterion or practice (PCP) and the physical features of premises respectively - are relatively familiar to many employers.  The third requirement is not encountered so frequently, and to some extent may overlap with the firs ..read more

A number of charities are in the position of holding residential property affected by fire safety issues, especially in relation to cladding, and may be following the progress of the Building Safety Bill through Parliament. The Bill is extensive and covers a multitude of issues. It contains many laudable and beneficial aspects which ought to improve the standard of construction work undertaken in the UK. Most recently, the Government has announced that the limitation period for bringing a claim under the Defective Premises Act (DPA) will be extended from 6 to 15 years, and this change will be ..read more

Last week's publication by the Charity Commission of a summary of the responses received from charities, umbrella bodies and professionals to its recent draft guidance on “responsible investment" confirmed that charities are going to have to wait until next year at least for its finalised guidance on this topic. In relation to the draft guidance published in Spring this year, the Commission revealed that responses to the consultation showed the draft guidance had generally been well-received by charities, in particular because of its positive tone, easy reading style and shorter length. Issues ..read more

Charities that have been grappling with the implementation of hybrid working for their employees may find ACAS’s recently published practical guidance for employers on hybrid working helpful. Although released prior to 19 July, the guidance was drafted assuming that “Freedom Day” would go ahead, and so remains valid. It is a useful reminder of current best practice and reinforces the insights from our recent webinar series on the future of work. For example, the guidance confirms that employers should consult with their workforce regarding hybrid working proposals and that different arrangemen ..read more

Much of the care home sector is a mix of NHS and private providers, but there is also a small but significant number of charitable care homes regulated by the CQC. Such care homes may need to know more about the latest developments in relation to mandatory vaccinations. On 4 August 2021, the DHSC published its operational guidance to support the implementation of the new regulations making vaccinations mandatory in CQC registered care homes in England. It provided some helpful clarity on the steps care home managers now need to take to implement the regulations, which from 11 November will req ..read more

Not all charities are subject to the Public Contracts Regulations 2015 (the “Regulations”), but those which are may want to know about the latest in a series of changes made to the Regulations in spring / summer this year: a new Schedule 1 to the Regulations, which comes into force on 16 August. This is a key schedule which sets out a list of named “central government contracting authorities”. Central government contracting authorities are subject to a lower threshold for supplies and services contracts - £122,976, as opposed to sub-central authorities, which are not expressly listed in Schedu ..read more

The Charity Commission yesterday updated its coronavirus guidance to signal what seems to be the beginning of the end to the benevolent approach it has taken to charities needing to postpone or cancel meetings, or hold them remotely, during the pandemic. Next steps for charities will depend on whether or not they would like to retain the flexibility from which they have benefited in this respect during the last year or so, and, if so, whether they are able to amend their governing documents. Most charities will have the necessary power to make amendments set out in their governing document, or ..read more

Following the Government’s recent response to the 2019 consultation on sexual harassment in the workplace, charities with employees should be aware of an upcoming new legal duty to prevent harassment, which the Government has said will extend to all forms of harassment prohibited by the Equality Act, and which it will be taking forward “as soon as parliamentary time allows”. The key proposals the Government has confirmed as follows: A new duty requiring employers to take all reasonable steps to prevent harassment in the workplace. The reintroduction of specific measures to protect w ..read more

Charities granted an extension to file their annual return, report and accounts by the Charity Commission prior to 30 June 2021 now have until 30 September 2021 to file those documents, according to the Commission’s updated coronavirus guidance. A charity usually has to submit its annual return to the Commission within ten months of the end of its financial year – for example, if the end of a charity’s financial year corresponds with the end of the calendar year, this means that its annual return must be submitted before the end of the following October. The Charity Commission, however, agreed ..read more

International aid charity trustees should be aware of the alert issued by the Commission towards the end of last week, which sets out steps such charities can take to make sure they are keeping people, including beneficiaries, employees, volunteers and others, safe from harm. “Tangible” improvements, but some continued weaknesses The Commission recognises the “tangible safeguarding improvements” already achieved by charities operating in the international aid sector in the areas of accountability, organisational culture, the employment cycle, and reports and complaints mechanisms. The alert ha ..read more