Employment responsibilities and the board

If the charity employs individuals - full-time, part-time, casual or temporary - the charity is likely to be their employer and trustees must ensure the charity complies with employment legislation.

Employment law is complex and changes frequently. Trustees are not expected to be personal experts in the field of employment law, but should take professional advice where necessary. Some common employment issues include:

• Are trustees clear as to the employment status of people who are paid to carry out work for the charity?  
• Are trustees aware of the benefits and rights of employees, eg in the areas of equality, leave, pay and contracts/conditions?
• Are trustees aware that employers have legal obligations, including registration with HM Revenue and Customs, compliance with data protection principles and confirming each employee's entitlement to work in the UK before they start?
• Do trustees (particularly in very small charities) have a way of keeping up to date in changes in employment law (eg using advisers or subscribing to an employment advice service)?
• Do trustees take independent advice or obtain external comparables when agreeing staff terms contracts and salaries?

Many guides exist to assist trustees in carrying out their employment responsibilities. For more information, visit ACAS' website.