Our experienced team of charity solicitors can advise and support faith-based charities on sensitive employment issues.
When there is a requirement for an employee to declare commitment to a certain faith, it is imperative that the employer takes a careful and sensitive approach. This is a major issue for such charities, where there is a faith-based aspect to the work to be carried out.
An employer can request that an employee signs a declaration of faith, but this requirement must be exercised with caution and not be seen to be discriminatory. It is imperative that the correct procedures are used and that there is a genuine requirement for the declaration. Otherwise, it could be viewed as faith-based discrimination and could lead to legal action, dissatisfaction amongst the workforce or damage to the organisation's reputation.
Under the Equality Act 2010 employees are protected from workplace discrimination, including direct or indirect discrimination as a result of an employee's religious beliefs or lack of religious beliefs. However, the Equality Act does allow faith-based charities to require employees to be a member of a particular faith, providing they can demonstrate that it is a genuine occupational requirement for the role.
Our team of experienced charity solicitors take a faith-focused approach and use their extensive sector and legal knowledge to provide strategic employment support for faith-based charities to ensure they are in compliance with the regulations.
Our strategic employment support for faith-based charities
Our team of specialist charity solicitors work in partnership with faith-based charities to provide clear and practical strategic employment support, including:
- Identifying whether there is a genuine occupational requirement to request a declaration of faith.
- Safeguarding against general employment and faith-based discrimination disputes.
- Drafting, reviewing and implementing policies and procedures in compliance with regulations.
- Advice and support to faith-based charities on dispute resolution and reputation management in the event of a dispute arising.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
Last week, England entered another period of lockdown which will last until at least 2 December.
It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
Charity Financials, the financial information program from Wilmington Charities, has published its latest Income Monitor report.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Catch up with all the latest charity updates in this fortnight’s news roundup
Catch up with all the latest charity updates in this fortnight’s news roundup.
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