Help for a setting to resolve employment and contractual issues and to become a Charitable Incorporated Organisation.
Early Years Wales worked with newly appointed trustees of a setting whose staff believed they were self-employed. Early Years Wales questioned this, as previously the staff had been transferred under TUPE from a different employer and their terms and conditions as employees should still have been in place. Staff believed strongly that they were self-employed and therefore they continued to operate with self-employed status for staff and unincorporated status for the setting.
When Covid-19 forced the setting to close, the setting contacted HMRC to register for the Coronovirus Job Retention Scheme. HMRC refused furlough due to the status of staff, directing them to the Self Employment Income Support Scheme. The staff contacted ACAS who questioned whether they were employees or self-employed.
This made for a difficult situation as concerns about personal financial liability for newly appointed Trustees came to the fore.
Early Years Wales worked hard with the new Trustees to put the correct procedures and contracts in place. The process was complex but ensured that employment status and contractual issues were resolved.
Early Years Wales worked with the Trustees throughout lockdown attending 12 virtual meetings, making 67 phone calls and sending 122 emails providing guidance and support on employment & charity law and policies and procedures. The Trustees were considering paying a barrister at a huge cost and, Early Years Wales were able to direct them to an alternative employment lawyer, who gave them the advice and support needed, saving the setting considerable expense and stress.
A complex contractual dispute was dealt with through facilitated negotiations and the setting has been able to move on, going from strength to strength. A costly legal case was avoided, and they have now registered as a Charitable Incorporated Organisation, giving themselves and any future Trustees limited liability with significant support from Early Years Wales
I had another meeting with Sue and Elaine yesterday, can I just take this opportunity to send my thanks for all of their support. Sue has been amazing at giving us the steer and advice we very much needed in terms of sorting our governance and ensuring that we are doing things correctly. And Elaine is a star, she has been such a support to me personally over the last 12 months (she has even rang me outside of office hours knowing that I work full time). They are a great team and helping xx get in to a strong position for moving “ (Trustee)