This can sometimes mean that they owe significant payments, either to workers themselves or to HMRC, for breach of national minimum wage or tax rules. They may also find that people who they thought were volunteers have employment rights.
The Office of Tax Simplification (“OTS”) has recently acknowledged this uncertainty and has recommended clearer guidance from HMRC on this area. It has also suggested that a change in the law should be considered to exempt expenses payments for volunteers where these are equivalent to business expenses.
Many charities and voluntary organisations have been calling for more clarity in this area for some time. Greater clarity in this area would be welcome so that charities and voluntary organisations are more certain about their obligations.
There is the risk that, even if guidance or changes to the law are forthcoming, these result in a narrowing of the exemptions that apply to volunteers and voluntary workers, resulting in charities and voluntary organisations paying more tax and in greater numbers of voluntary workers being due the national minimum wage.
It remains to be seen how HMRC and the Government will respond to this call for clarity and whether any guidance or change in legislation will be forthcoming.
If you would like any advice with regard to your volunteering arrangements or to enquire about our volunteer pack, please contact Douglas Mullen at douglas.mullen@anthonycollins.com or on 0121 212 7432.
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
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