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Tuesday, July 2nd, 2013

Legal update – employment, safeguarding, volunteering

An update from our legal expert on Employment, Safeguarding and Volunteering.

Employment

Unpaid parental leave has been extended from 13 weeks to 18 weeks.

Changes on Whistleblowing: an employer is vicariously liable if a whistleblowing worker is victimised by a co-worker; disclosure no longer needs to be made in good faith.

From 1st October 2013, the minimum wage goes up from £6.19 to £6.31.

Changes to rules on tribunal and unfair dismissal:

Safeguarding

From 17th June, a new “portable” criminal record certificate starts, that can be taken from role to role. Certificates will now only be provided to the applicant, and not also to the organisation or umbrella body. More on DBS (Disclosure and Barring Service) checks here.

Events

The Office for Civil Society is to publish guidance on the regulation of volunteer-based events, following a review by the Dept for Business, Innovation & Skills (although no date has been set for publication yet).

Criteria for licensing of events are to be relaxed (but no date set yet):

  • audience size for live music events that don’t need an entertainment licence to be increased from 200 to 500;
  • performances of plays and dance will no longer need to be licensed if audience is under 500;
  • most indoor sporting events will no longer need to be licensed if audience is less than 1000;
  • all community venues (community centres, village halls, schools, nurseries, hospitals) should become exempt from nearly all entertainment licensing.

(For the time being, a premises licence, temporary event notice or club premises licence is still required. Events may still need other licences, in particular PRS/PPL for copyright or recorded works.)

More details on events and entertainment here.

Volunteering

HMRC is clamping down on payments to casuals and volunteers that are not out-of-pocket expenses and should be treated for tax under PAYE.

The Supreme Court has ruled that volunteering is not an occupation and volunteers are not covered by discrimination legislation.

There is also some guidance for how volunteering will fit with the “work search” requirement for some universal credit claimants.

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