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.
Anthony Collins Solicitors are presenting a series of podcasts with employees to raise awareness about disabilities around the firm.
Answering key questions about the details and practicalities of mandatory vaccinations in care home settings.
Anthony Collins Solicitors (ACS) has appointed a new partner to its market-leading social housing property team.
On 7 September 2021, the Regulator of Social Housing (RSH) published its annual consumer review.
From today (1 October 2021) there is yet more change on the possession front!
We are delighted to secure our position as a top-tier firm in five of our practice areas in the Legal 500 2022 edition.
This virtual event is an introduction to employee ownership.
Helen Tucker has been appointed a deputy district judge (DDJ) for the Midlands Circuit and will start sitting part-time in county courts from early 2022.
The monthly round-up from the Anthony Collins Solicitors charities team.
The CQC will conduct reviews on a monthly basis of all of the information they hold about services and will use these reviews to prioritise its activity.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.