Getting it Right – Volunteers& Employment

Liz Geddes

Director of Human Resources

Diocese of Chester

liz.geddes@chester.anglican.org

01928 718834 Extn 240

Introduction

• Best practice

• Look to get it right on future occasions

• Undertake risk assessment on current situations

• Verbal contracts exist in the absence of written contracts or agreements

Resource available

• Just Employment document

• Funded by the Church Urban Fund

• Written on behalf of the Dioceses of Chester, Liverpool and Manchester

• Available via Cufx website (suggested donation)

• Available via Diocesan website – HR section (free of charge)

Establish type of worker

• Employee on a Contract of Employment

• Self-employed worker on Contract for Services

• Volunteer

Employee vs Self Employed

• Not the worker’s choice!

• Responsibility for Tax and National Insurance contributions

• Employee benefits & statutory provisions – paid holiday, eligible for sick pay, maternity, paternity, adoption and family emergency benefits, right to apply to an employment tribunal

Employee test

• Control – who makes the decisions?• Organisation test – extent that the person

is integrated into the organisation• Equipment – does the employee provide

their own equipment?• Service / person – can the service be sub-

contracted?• See Inland Revenue website for

interactive guide – ESI tool

Organists

• Should be employees as default position

• Recent Case law

• Use RSCM contract template – can be downloaded from website (for a fee)

Employees

• Recruitment in accordance with Equal Opportunities policy – process should be fair and transparent

• Occupational Requirement – is it determining and proportionate? Employment Equality (Religion & Belief) Regulations 2003 (subsequently amended)

• Responsibility of PCC as employer• Formal paperwork• Not a Trustee

Paperwork & Documents

• Contract of Employment

• Job Description

• Person Specification

• Policies

• Suggested templates available from diocese & via Just Employment

• Payroll – comply with RTI (Real Time Information)

Volunteers

• Essential to the operation of many charities and projects

• Give their time freely

• Status – not employees

• Relationship should be non-contractual

• Receive re-imbursement of expenses

Volunteer Policy• Introduction / Aims of the project• Ethos• Recruitment• Volunteer roles & responsibilities• Expenses• Induction & training• Supporting & supervising volunteers• Insurance and Health & Safety• Equal Opportunities• Confidentiality

Paperwork & Documents

• Non-contractual language

• Set boundaries

• Determines expectations

• Defines commitment required

• Volunteer role description

• Person specification

• Volunteer agreement

Checks

• Disclosure & Barring service checks (DBS) offered free of charge for voluntary positions

• NB. Do NOT offer a position subject to a clear DBS Disclosure

• References

• Trial period

Expenses for volunteers

• Genuinely incurred

• Necessary for the work

• Wholly for the work

• Adequately documented

• Type of expenditure allowed free of tax by the Inland Revenue

Getting it wrong!

• £££££££• Stress• Time consuming• Adverse publicity• Effect on Church Family members• Help available from Ecclesiastical

Insurance Group

Any questions?