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By Leona Roche, solicitor at Bates Wells and Braithwaite
It is prudent for a new charity to draw up and adopt appropriate policies that set out how it will operate. It is also good practice to carry out regular reviews of any such policies to ensure that they remain up-to-date and are in keeping with the changing needs of your charity.
So what policies might be relevant to your charity?
A written health and safety policy is mandatory for all charities that employ three or more people (by virtue of the Health & Safety at Work Act 1974 and the regulations made under that Act).
The policy must be available to show to an inspector from the Health and Safety Executive (the “HSE”) if requested, and should be signed by a trustee. The HSE provides a comprehensive service on its website, through local inspectors and through its many publications and is a good starting point to help you draw up your policy.
It is advisable for any employer to have an equal opportunities policy. Such a policy should be appropriate to the size and structure of your particular charity. It is likely that your policy would address some or all of the following areas which are currently covered by existing UK discrimination legislation: sex (including equal pay); marital status; race; disability; religion and belief; sexual orientation; part time working status; and fixed term employment.
Some other optional policies that may be relevant to your charity include:
- Internal finance procedures
- Data protection and confidentiality
- Fundraising
- Email and access to the internet
- Fraud and whistle-blowing
- Volunteers
- Conflicts of interest
It is perhaps stating the obvious, but a policy is only of value if it is practical, known about and understood by your trustees and staff, and implemented. Policies should therefore be drawn up with the particular character and needs of your charity in mind, and only adopted if relevant.
It is vital to involve your staff when drafting your policies. If your charity is small, you may not have the resources to implement extensive policies but you should avoid importing wholesale from larger organisations detailed policies that may not be appropriate to your organisation.
Leona Roche is a solicitor in the Charity and Social Enterprise department at Bates Wells and Braithwaite London LLP. www.bateswells.co.uk