To be a charity your organisation must have charitable purposes only. It cannot have some purposes that are charitable and some that are not (legal requirement)
The Charities Act 2011 defines a charitable purpose, explicitly, as one that falls within 13 descriptions of purposes and is for the public benefit.
There is no automatic presumption that an organisation with a stated aim that falls within one of the descriptions of purposes is charitable. This has to be demonstrated in each case.
Purposes that cannot be charitable purposes
Your organisation’s purpose cannot be a charitable purpose if it does not fall within the descriptions of purposes and is not for the public benefit, including if it is:
- a political purpose
- unlawful or against public policy
- intended to serve a non-charitable purpose
The 13 descriptions and more detailed information can be found here
National Living Wage & National Minimum Wage:
The government has set a target for the NLW to reach 60% of median earnings by 2020 (subject to sustained economic growth).
Announcements in the Budget include:
Increasing the NLW by 4.9% from £7.83 to £8.21 from April 2019, which will benefit around 2.4 million workers
Accepting recent recommendations by the Low Pay Commission to increase NMW rates from April 2019 as follows:
- Increasing the rate for 21 to 24 year olds by 4.3% from £7.38 to £7.70 per hour
- Increasing the rate for 18 to 20 year olds by 4.2% from £5.90 to £6.15 per hour
- increasing the rate for 16 to 17 year olds by 3.6% from £4.20 to £4.35 per hour
- increasing the rate for apprentices by 5.4% from £3.70 to £3.90 per hour
In order to claim Statutory Maternity Pay (SMP) from their employer, a woman must provide proof of her pregnancy from a doctor or midwife. This is usually given on form MAT B1
The MAT B1 certificate:
- verifies the pregnancy
- confirms the date of the expected week of confinement (EWC)
- confirms the actual date of birth when completed after confinement
Doctors or registered midwives must issue form MAT B1 free of charge to their pregnant patients for whom they provide clinical care.
More information can be found here
Staff and Trustees receive the award
We were very pleased to pay a visit to this year’s winners of the Andrew Buxton Memorial Award for the best kept set of accounts.
The winners are Bakewell Town and Community Trust, and they made us very welcome at their offices in Bakewell Town Hall. The award was presented by Mrs Janet Buxton.
If you would like details of how your organisation can win next year, please contact us here
By law, if you’re an employer you need to submit an end-of-year report at the end of each tax year to HMRC for each employee you’ve provided with expenses or benefits.
Examples of expenses and benefits include:
- company cars
- health insurance
- travel and entertainment expenses
There are different rules for what you have to report and pay, depending on the type of expense or benefit that you provide.
More details can be found by clicking here
Use form P11D to send the report to HMRC for each employee and director.
You should not complete a P11D if there are no taxable expenses payments or benefits to be returned for an individual, or if the expenses and benefits have been taxed through your payroll
Employing people – a guide for new employers
Employing people seems a perfectly straightforward matter: hire them, then set them to work, but is it so easy?
Many employers find the list of legal rights and responsibilities daunting. But complying with the law and looking after your staff will make you more efficient and more profitable.
Getting the ‘people’ part of your new business wrong could cost you time, money or lost profitability through:
- recruiting unsuitable employees
- inadequate training
- low morale and motivation
- high absence levels and turnover of employees
- ineffective management and supervision
- too many dismissals
- employment tribunal claims.
You can download the guide here
If you do not consult employees in a redundancy situation, any redundancies you make will almost certainly be unfair and you could be taken to an employment tribunal.
Follow these steps:
- You must notify the Redundancy Payments Service (RPS) before a consultation starts. The deadline depends on the number of proposed redundancies.
- Consult with trade union representatives or elected employee representatives – or with staff directly if there are none.
- Provide information to representatives or staff about the planned redundancies, giving representatives or staff enough time to consider them.
- Respond to any requests for further information.
- Give any affected staff termination notices showing the agreed leaving date.
- Issue redundancy notices once the consultation is complete.
More detailed information can be found here
Our Summer Newletter should now be with you, but if you have not received your copy, please click the link below to read it online
Summer Newsletter 2018
If you would like to be added to our Newsletter Mailing List, please email us here
Unrestricted general funds can be spent at the discretion of the trustees to further any charitable purpose of the charity. This means that these funds can be spent in their own right, or can be added to a restricted fund which does not have enough money to cover its expenditure
Designated funds are still unrestricted, but have been set aside by the trustees for a particular future project or commitment. The designation is for administrative purposes only and carries no legal authority
Restricted funds are completely different. Restricted funds refer to funds held under ‘specific trusts’, which is that they are held for a specific charitable purpose. The restriction carries the weight of the law and so restricted funds can only be lawfully spent on the specific charitable purpose for which they were provided. As with designated funds, there is no requirement for restricted funds to be held in a separate bank account