Page 173 - Demo
P. 173
rights to the national minimum/living wage and statutory holiday pay).
However, it is still possible to have statements of expectation and the management documentation should record those expectations. Essentially, if those expectations are not met, the charity should consider termination of the arrangements. Legal advice should be sought in relation to this.
Members of the institute should respect the lay management and expect to be treated by lay management in the same way as any other member of staff.
DO WE NEED FORMAL WRITTEN EMPLOYMENT CONTRACTS, IS THIS POSITION DIFFERENT FOR MEMBERS OF THE INSTITUTE WHO ARE WORKING FOR US?
Strictly speaking, employers are not required to provide formal written employment contracts for their employees. However, after eight weeks employment, employees are entitled to receive a written statement of setting out minimum speci c terms and conditions of employment (Section 1 of the Employment Rights Act 1996). This statement should be given to employees within two months of starting employment.
This statement of terms and conditions is often used to form the basis of the full written contract.
In any event, despite there being no legal requirement for a written contract, they can of course be extremely useful in minimising the risk of ambiguity by setting out the rights and obligations of each party.
If a member of the institute is not an employee then you should avoid documents suggesting that they are. As described above, statements of expectation can be useful in these circumstances.
CAN WE PROVIDE ACCOMMODATION FOR STAFF?
Yes, you may provide accommodation for staff but this could have tax implications. There exist different "types" of accommodation which an
Chapter 9 169