The fit and proper persons test for charity managers

HMRC has updated its model declaration and help sheet on the fit and proper persons test for individuals who manage charities, etc entitled to UK charity tax reliefs. which is concerned with ensuring that charities are not managed or controlled by individuals who present a risk to the charity’s tax position. The guidance now includes a detailed description of the circumstances in which a charity manager who has used or been involved in the design or promotion of tax avoidance schemes may be deemed not to be fit and proper person.

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Employment status

An employment tribunal held that an Excel cycle courier was a worker rather than being in business on their own account, therefore succeeding in their claim for a week’s holiday pay.

The case applies the recent Court of Appeal decision in Pimlico Plumbers Ltd v Smith [2017] EWCA Civ 51.

(Boxer v Excel Group Services Ltd ET/3200365/2016)

How can Crimson Crab help?

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Dispute resolution and mediation

The Court of Appeal dismissed a defendants’ appeal against an order requiring them to pay 75% of the claimants’ costs of the claim, despite the overall outcome at trial being less advantageous to the claimants than the defendants’ settlement offer.

This shows the risks of prevarication in relation to mediation.

(Thakkar and another v Patel and another [2017] EWCA Civ 117)

How can Crimson Crab help?

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Charity employee status

The High Court held that an individual appointed as the “shepherd in charge” of the spiritual wellbeing of the congregation of a religious charity was a charity trustee and not an employee and had been validly removed from office by the trustees of the charity.

(Trustees of the Celestial Church of Christ v Lawson [2017] EWHC 97)

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The Fundraising Preference Service

The Fundraising Regulator (FR) is inviting charities, sector professionals and members of the public to give their opinion on different elements of the development of the Fundraising Preference Service (FPS).

Anyone who registers online to take part in the consultation will receive a brief weekly email from the FR asking for feedback on different aspects of the FPS, ranging from function to appearance.

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Late Payments

The FSB’s 2011 Survey reported that 73% of small businesses had been paid late in the previous year. Read more…

The British Chamber of Commerce 2012 survey found that 34% of respondents said that businesses with more than 50 employees were most likely to pay late. Read More…

The Government has published draft Regulations governing the Small Business Commissioner’s (SBC) complaint handling function which will go live on the 1 October 2017. The SBC has had its methodology for handling complaints from small businesses about payment by larger ones set out by the Department for Business, Energy & Industrial Strategy. The Government has also set out proposals to require large companies to publish information about their payment practices. This will be publicly available on a website, allowing anyone to see at a glance whether a particular company pays their invoices on time or not.

The reporting requirements only apply to medium and large businesses, those defined by the Companies Act as a medium sized company i.e. those with at least two of the following criteria:

  • £36m annual turnover
  • £18m balance sheet total
  • At least 250 employees

Every qualifying company will have to provide the reporting information twice a year, within 30 days of the end of either the first half or the second half of the company financial year for payments made in that six month period. The reporting requirements start for financial years beginning on or after the 1st April 2017, meaning any company with a financial year 1st April – 31st March will have to make their first report in October 2017.

How can Crimson Crab help?

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What will happen with the law as Britain leaves the EU?

Much of the UK’s current legislation is derived from the European Union. When the UK leaves the EU there needs to be a level of continuity. To provide this the Government intends to introduce the Great Repeal Bill which will do three things:

  1. Repeal the European Communities Act 1972. This legislation provides legal authority for EU law to have effect as national law in the UK. This will no longer be the case after Brexit.
  2. Bring all EU laws onto the UK statute books. This means that laws and regulations made over the past 40 years while the UK was a member of the EU will continue to apply after the Prime Minister triggered Article 50 on 29 March.
  3. Create powers to make secondary legislation. Technical problems will arise as EU laws are put on the statute book. For instance, many EU laws mention EU institutions in which the UK will no longer participate after Brexit, or mention “EU law” itself, which will not be part of the UK legal system after Brexit. There will not be time for Parliament to scrutinise every change, so the bill will give ministers some powers to make these changes by secondary legislation, which is subject to less scrutiny by MPs.
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What information do letting agents have to publish?

Section 83 of the Consumer Rights Act 2015 obliges letting agents to publish three pieces of information:

  1. Landlord and tenant fees;
  2. A statement of whether the agent is a member of a client money protection scheme; and
  3. A statement that the agent is a member of an approved redress scheme
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BBC News: Three words to set alarm bells off for every firm

Three words to set alarm bells off for every firm.

Posted in Data Protection, Protecting Reputation | Tagged ,

BBC News: How fake data could lead to failed crops and other woes

How fake data could lead to failed crops and other woes –

Posted in Data Protection, Information Risks, Protecting Reputation | Tagged ,