Repair & Share Foyle’s Post

Could volunteers fall under 'worker' employment status? It can be difficult to determine the true status of volunteers and organisations can unwittingly be treating their volunteers as workers meaning that, should the status ever be challenged, the individuals would be entitled to paid annual leave and the National Minimum Wage for the hours worked - a cost unlikely to have been budgeted for! This is what happened in the Employment Appeal Tribunal in Groom v Maritime and Coastguard Agency. Read the full article on our website: https://lnkd.in/ekU3yx2K #employmentstatus #HR #employmenttribunal

Groom v Maritime & Coastguard Agency [2024] 👇 Just because someone volunteers to do a task, does that mean they are not a ‘worker’ for statutory purposes? Not necessarily, according to the Employment Appeal Tribunal (EAT) in Groom v Maritime & Coastguard Agency. Here, a volunteer may qualify as a worker if they have the right to be renumerated for their activities. Mr. Martin was a Costal Rescue Service (CRS) volunteer. Mr. Martin volunteered for the CRS and filed a claim when he was denied the right to have a trade union representative accompany him to a disciplinary hearing. He argued that he should be considered a worker under section 230(3)(b) of the Employment Rights Act 1996. The CRS, which engages around 3500 volunteers, had a volunteer handbook outlining expectations. While the handbook emphasised the voluntary nature of the appointment, it allowed volunteers to claim costs for certain activities. However, the tribunal initially ruled that Mr. Martin was not a worker due to the absence of a contract with the CRS. The lack of automatic remuneration and varying claims by volunteers factored into this decision. On appeal, the EAT disagreed. It held that a contract existed when a volunteer attended an activity with a right to remuneration. The EAT emphasised that volunteer status depends on the specific arrangement between parties. Consequently, Mr. Martin was deemed a worker. In some ways, the decision is a logical one. The very fact that there was a disciplinary hearing points to the exercise of an element of control over Mr Martin by CRS which, in turn, points towards there being a contract. However, the significance of this case lies in the clarification that a contract can exist between a volunteer and an organisation, even if remuneration is not automatic. The ruling highlights the importance of reviewing specific arrangements and codes of conduct to ensure that volunteers are not inadvertently being turned into ‘workers’ with the rights that come with that. Read here ➡️https://lnkd.in/eweCdk3C #TheEMWway #WeeklyEmploymentBulletin

🔊Calling all small local businesses: Human Resources For Your Business Workshop on 21 March. Join an online workshop as part of a series of Tamworth Business Support events for 2024; designed to help SMEs with Human Resources for their business. If you need to improve the way you employ the right people for the job and retain staff, join this workshop with Lynda Goncalves, which is exclusively for small business owners in Tamworth Town Centre. What will be covered: ➡️How values help to establish the kind of business they run, and how this is fundamental to attracting talent to join the business when ready to recruit ➡️Options, challenges, pitfalls, advantages and obligations associated with taking on different types of additional resource (including freelancers, contractors, self-employed, zero-hour contracts, and PAYE staff) ➡️Getting the basics right and avoiding errors Details here: https://lnkd.in/eSmmqufJ #Tamworth #BusinessSupport #Staffordshire

is there perhaps another elephant in the room? With reducing statutory funding, overwhelmed Trusts and Foundations and a ongoing cost of living crisis the funding cake just isn't large enough to sustain the current 3rd Sector infrastructure. Perhaps there is a need for the sector to reinvent itself?

[Public Servants: Salary and Benefits in Canada] In Canada, public servants wield significant influence, catering to the public's needs. Their salary and benefits, vital for . . . https://lnkd.in/dCTnP_cw

The Question of the Day Q: Are voluntary work and volunteering legal in Türkiye? A: 👇 #voluntary #volunteering #NGO #Turkey #LaborLaw #SocialCompliance https://lnkd.in/dgHrKD_K

Are you tired of relying on pay raises that never seem to be enough? I’ve worked with several nurses over the past year, helping them build side incomes that give them the option to leave their jobs one day. A pay raise might help, but it won’t give you the freedom to live the life you truly want. You have more value to offer the world—start building a business on the side and take control of your future. Ready to start your journey? DM “launch” to take the next step. 🚀 #NurseLife #SideIncome #TakeControl #FinancialFreedom

🌟 Seeking Attention: Are Unpaid Salaries Becoming a Hurdle? Let’s Overcome Together! 👉 Hello everyone! Are unpaid salaries causing you distress? You’re not alone, and it’s time to confront this issue collectively. Addressing unpaid salaries is a significant concern impacting the livelihoods of many hardworking individuals. If you or your colleagues are facing payment delays, it's crucial to prioritize your well-being and financial security. Engage in open and respectful dialogue with your employer to understand the reasons behind the delays. Additionally, explore alternative income opportunities during this challenging time. Remember to advocate for your rights and seek support from your professional network. Employers have a responsibility to ensure the welfare of their employees, fostering a workplace culture of compassion and understanding. Let's work together to navigate this obstacle and promote a supportive environment. 👉 Ready to make a positive impact? Join the conversation and let’s move towards a brighter future, together! #EmployeeWelfare #FinancialSecurity #OpenCommunication

Sponsored workers in the UK have employment rights while working in the UK. Justice and Care have just published guidance on these rights (link in the comments below). If you are a sponsored worker, or want to come and work in the UK, please take time to understand the rules because these may differ from those in the country you come from. Employers in the care sector must abide by these rules. You can report any who are not. Under UK law, as a care worker, you have the following entitlements: ‐ • You must have an employment contract. • You must be given regular payslips that show any deductions for tax and National Insurance if you are required to pay it. • You must receive a minimum of £10.75 per hour (as of April 2024 this changes to £11.44), or £20,960 whichever is higher. • The Home Office bases their minimum on a 37.5‐hour week so if you are sponsored or contracted to work more or fewer hours than this you need to make sure you still meet the minimum salary requirement on a pro‐rata basis. • An uninterrupted 20‐minute rest break if you work more than 6 hours in a day. • There must be at least 11 hours of rest between working days. • You must have at least one full day off each week, or two full days every two weeks. • National Insurance if you are required to pay it. • You must have at least 5.6 weeks’ paid holiday per year (prorated as appropriate) Deductions your employer may make from your salary include tax, National Insurance, pension, and accommodation costs where your employer provides this to you. Accommodation charges may be taken into account in assessing compliance with the legal minimum wage. Deductions for any other costs must be within your agreement. All deductions must be shown on your wage slip detailing what the deductions are for. • Any adult dependant on your visa is entitled to work in any sector (except as a sports person or coach) whilst you have sponsorship. • You and your dependants can apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if you have lived in the UK for 5 years and meet the other eligibility requirement Please share with your contacts who are sponsored workers. It's very important that all who work in the care sector are safe and treated fairly. Homecare Association #sponsoredworkers #internationalrecruitment #overseasrecruitment #certificatesofsponsorship #employment #rights

#Events | One of the characteristics of the non-compete system once the contract has ended in #Spain is that we must consider two key elements to calculate the so-called mandatory "adequate compensation": 1) Taking into account the annual salary received by the employee. In many cases, the courts have accepted paying between 30% and 50% of the annual salary. 2) The period of non-competition imposed once the contract has ended, as establishing a non-compete period of one year is not the same as establishing a period of two years. The recommendation we always give to directors or managers/companies is to carefully analyze each situation and adapt it to the circumstances of each case. Here is a brief portion of my intervention yesterday at the Congress held in London and organized by #IFSEA.