We know that for charities, navigating HR demands can be challenging, especially with limited resources and ever-present budget constraints. From managing volunteers to staying compliant with ever-changing legislation, many in this sector can feel overwhelmed and under-supported!
In our recent webinar, our very own Liam Barton (Senior HR Consultant at Insight HR) was joined by Catherine O’ Flynn (Partner at Mason Hayes & Curran), sharing their advice for charities and similar organisations, highlighting the key employment law updates for this sector in 2024 and beyond, and showcasing how expert support can ease the load, offer peace of mind and a provide a reliable support system.
As Liam Barton shared, “We’re here to bring you peace of mind, with a personal touch and tailored support whenever you need it.”
If you missed the session, fear not – not only is the entire session available to watch back on demand here, we’ve also gathered a summary of the event in this very guide!
So whether you watch back or read on, we hope this helps!
Employment Status and Rights
Understanding the classification of your workforce is crucial. Charities often employ a mix of full-time staff, contractors, and volunteers, and misclassifying them can lead to costly legal issues. While employees enjoy full employment rights, including sick leave, holiday pay, other paid and unpaid leave entitlements and protection from unfair dismissal, others may not.
Our Advice:
Regularly review the status of your workforce and ensure there is clarity around the roles and expectations of each person. This means:
- Carrying out periodic audits of your workforce to confirm whether they are classified correctly as employees, volunteers, or contractors.
- Drafting clear agreements for volunteers that outline their roles, expectations, and reimbursement for expenses, without implying any obligation to perform duties.
- Updating contracts for employees and contractors to reflect the nature of their work and the organisation’s relationship with them. The rise of the gig economy has certainly blurred the lines around employment types, particularly when it comes to distinguishing contractors from traditional employees. This lack of clarity can have significant consequences, especially in terms of taxation, worker rights, and regulatory compliance. Contractors and employers alike often find themselves navigating ambiguous definitions, and this can lead to misclassifications, unexpected tax liabilities, and gaps in worker protections.
Remote and Flexible Working Policies
The right to request remote or flexible working is now enshrined in law. While there is no obligation for charities to approve every request, the organisation must demonstrate that it has followed the correct procedure when making a decision.
Our Advice:
To manage flexible working requests effectively, we suggest:
- Implementing a flexible working policy that reflects the latest code of practice. This policy should be accessible to all staff and explain the criteria for considering requests.
- Training managers on the new regulations and equipping them with the skills to handle requests fairly. This will help ensure that the correct process is followed and decisions are well-documented.
- Assessing each request on a case-by-case basis, considering business needs and the role requirements. Remember that requests related to caring responsibilities may need a different approach, as flexible working for these cases has specific legal considerations.
Our recent podcast discussion with Siobhra Rush went into detail on the practicalities of this! Check it out here!
Managing Conflict in the Workplace
Conflict is inevitable in any organisation, but it can be especially challenging in charities, where staff and volunteers are often deeply passionate about their work. Disagreements may arise over responsibilities or resource allocation, and can escalate if not handled promptly.
Our Advice:
Effective conflict management involves:
- Establishing clear policies for grievances, bullying, and harassment and ensuring that everyone knows how to raise concerns. These policies should outline the steps the organisation will take to address issues fairly and promptly. Listen to our recent podcast, where we broke this down into practical steps!
- Acting quickly to mediate conflicts before they escalate. Mediation can be a powerful tool in resolving disputes and preventing them from affecting the wider team. Consider external mediation if internal efforts aren’t successful.
- Preparing for potential conflicts related to social events, such as the annual Christmas party. Provide staff with clear guidelines on expected behaviour at work-related social gatherings, as these are considered an extension of the workplace. Check out our blog on this for guidance!
Whistleblowing and Protected Disclosures
Whistleblowing is common in the charity sector due to concerns about governance and financial practices. Recent changes to the law have extended whistleblower protections to include volunteers, making it more important than ever for charities to be prepared.
Our Advice:
To manage whistleblowing effectively:
- Update your whistleblowing policies to reflect recent legal changes, and ensure all staff and volunteers are aware of the procedures for making a protected disclosure.
- Provide training on the difference between a protected disclosure and a grievance, so that issues can be handled correctly from the outset. Not all complaints qualify as whistleblowing, and knowing the difference is key.
- Familiarise managers with the procedures for handling whistleblowing claims, including how to protect whistleblowers from retaliation. This will help mitigate the risk of costly disputes and penalties.
Do you need help in updating your policies, but also in making sure they’re truly embedded in your organisation? We can help! Get in touch for a no-committal, no-fee chat about what we can do to support this challenge!
Regulatory Compliance and Governance
Compliance extends beyond employment law to include adherence to the Charities Governance Code. This code outlines six principles that charities must follow, with a particular focus on “leading people” – ensuring that both paid staff and volunteers are managed effectively.
Our Advice:
To stay compliant with governance requirements:
- Conduct annual reviews of your organisation’s governance code compliance, particularly focusing on Principle 3, “Leading People.” This involves assessing your policies on recruitment, training, appraisal, and remuneration.
- Provide regular training for board members to ensure they understand their roles and responsibilities, including the charity’s constitution. This is vital for maintaining good governance and avoiding issues with oversight.
- Keep detailed records of compliance activities, such as training sessions, policy updates, and board meeting minutes. This documentation can be invaluable in demonstrating adherence to governance standards if needed.
New Leave Entitlements
Recent changes to statutory leave entitlements include increases to parental leave and the introduction of domestic violence leave, which allows employees to take time off if they are affected by domestic abuse.
Our Advice:
To accommodate these new leave entitlements:
- Update your employee handbooks and policies to include the latest leave entitlements. Make sure all staff are aware of these changes and understand their rights.
- Train managers to handle leave requests sensitively, especially for domestic violence leave, where employees may not feel comfortable providing documentation.
- Consider implementing additional support services, such as Employee Assistance Programmes (EAPs), which can provide confidential advice and support for staff dealing with personal issues. Did you know we partner with an EAP provider, offering full round support for your organisation in this area? Get in touch with us to learn more!
Investing in Training and Prevention
While tight budgets can make training seem like a luxury, investing in policies, staff training, and proper governance can save charities from costly legal battles. Being proactive can prevent small issues from becoming big problems. And, of course, the cost of training may be a drop in the ocean compared to the cost of a WRC judgment made against you!
Our Advice:
Preventive measures should include:
- Providing regular training on workplace policies, to all employees (including management), including anti-bullying, harassment, and whistleblowing guidelines. Training can help staff understand expectations and reduce the risk of misconduct.
- Revisiting policies before significant events, such as Christmas parties, to remind staff of behavioural expectations. Simple reminders can prevent misunderstandings and disputes.
- Allocating a portion of the budget for compliance and governance training, which may include courses for board members and senior management. Well-trained leaders are better equipped to uphold organisational standards and navigate legal complexities.
- We also offer training programs for HR leaders and line managers to build your skills and protect your organisation! Check out our new online course, right here!
How can Insight HR help?
Our team understands the unique pressures that charity leaders face daily and how difficult it can be to maintain HR standards while juggling numerous responsibilities. Whether you’re facing immediate challenges or simply seeking to strengthen your team’s approach, we’re here to support your goals and offer expert guidance.
Whether you need employment law advice, phone and email support, compliance assistance, help on a workplace investigation or tricky issue or management training, Insight HR is here to help. Our commitment to quality, transparency, and client satisfaction sets us apart from other providers.
With Insight HR, you’ll receive dedicated support from our experienced consultants, empowering your HR team to succeed.
Contact us today for a no-fee, no-commitment chat to learn more about how Insight HR can help your organisation achieve its HR goals.
