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Employment Law

Employment Law Support for Charities

Employment law is complex and constantly evolving. For charities, employment issues can be particularly challenging. They divert time, resources and attention away from your charitable objectives. Whether you are dealing with contracts, performance concerns, absence, disciplinary matters or the end of an employee’s employment, getting the right advice can help trustees and managers avoid unnecessary risk and save time and money.

At Ellis-Fermor & Negus, we provide clear, practical employment law advice tailored to charities and not-for-profit organisations. We understand that charities often have limited resources and need advice that is proportionate, commercially sensible and aligned with their values.

We support trustees and managers with both day-to-day employment matters and more complex issues, helping you understand your responsibilities and take the right steps when problems arise. Our advice is focused on resolving issues efficiently, treating employees fairly and protecting the charity from unnecessary risk.

With Ellis-Fermor & Negus, you can deal with employment matters confidently while keeping your time and attention focused on what your charity is there to achieve.

 

Have a question? Jump to our FAQs ↓

 

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‘Ben provided me with excellent advice and dealt with my matter swiftly and efficiently.’

Ben Bourne

Director and Solicitor

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Who Can Help?

Ben Bourne – Director and Solicitor

Ben Bourne is an experienced solicitor advising hundreds of charities on employment matters. He is a member of the Charity Law Association and brings extensive expertise in managing sensitive employment issues while protecting charitable objectives.

Our team provides a trusted, consistent point of contact, guiding trustees and managers through every stage of employment issues.

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Reviews, what our clients are saying…

I had no difficulty understanding what was needed to successfully reach the end goal. I was advised throughout the process what steps I needed to take. The information was relayed clearly and in a friendly way which is what I needed during a period of uncertainty. Thank you to Ben and Eliza especially.

Really quick response from my initial query on the website, which was appreciated. Everything was actioned quickly with not prompting or reminders required. Really impressed with my first experience of E-F&N and Ben.

Charity Employment Law – Frequently Asked Questions

Employment problems can be disruptive, stressful, and damaging—especially in values-led organisations.

You may be facing challenges such as:

  • Disciplinary or grievance matters – staff disputes, complaints, or misconduct issues.
  • Dismissal or redundancy concerns – ensuring legal compliance and fair treatment.
  • Reviewing contracts, policies, or HR frameworks – including handbooks, terms of employment, and volunteer agreements.
  • Discrimination or equal pay claims – addressing complaints or defending claims under employment legislation.
  • Organisational change or TUPE transfers – staff transitions during mergers, outsourcing, or restructuring.

If employment issues are slowing your charity down or creating uncertainty, our specialist team can provide practical, legally sound support.

We advise charities and not-for-profit organisations on the full range of employment matters, always focusing on pragmatic, proportionate solutions. Our services include:

  • Contracts and terms of employment – drafting, reviewing, and updating agreements.
  • Settlement agreements – negotiating and drafting legally compliant settlements.
  • Disciplinary, grievance, and capability procedures – ensuring fair process and compliance with employment law.
  • Appraisal and performance management systems – supporting fair, transparent, and legally compliant processes.
  • Equal opportunities and equal pay – reviewing policies and defending claims.
  • Discrimination claims – including age, disability, race, sex, sexual orientation, religion or belief.
  • Dismissals – advising on unfair, constructive, wrongful, redundancy, and retirement dismissals.
  • Working time rules and calculations – including leave entitlements, flexible hours, and part-time arrangements.
  • Part-time and fixed-term employees – ensuring contracts comply with employment legislation.
  • TUPE and organisational change – structuring transfers, redundancies, and service changes to minimise risk.
  • Restrictive covenants – advising on non-compete, confidentiality, and intellectual property clauses.
  • Employment tribunal representation – supporting charities in disputes from start to finish.

We tailor advice to the charity sector, recognising reputational, cultural, and governance considerations that often arise alongside employment law matters.

Employment law differs for charities due to their unique legal and operational characteristics, which stem from their public benefit purpose and the regulatory framework governing them. Charities are established for charitable purposes only, as defined under the Charities Act 2011, and must operate for the public benefit. This distinct purpose influences how employment law applies to them, particularly in areas such as governance, remuneration, and the roles of trustees and employees.

We have extensive experience advising:

  • Registered charities and not-for-profit organisations of all sizes.
  • Charities with paid staff and volunteers.
  • Boards of trustees and senior management teams.
  • Churches and ecclesiastical organisations of all denominations.

Our team understands the practical and legal challenges charities face and provides advice that is legally robust, commercially realistic, and aligned with organisational values.

Our approach is structured and practical:

  1. Initial discussion – understanding your charity, workforce, and potential risks.
  2. Clear advice – explaining options in plain English and setting out potential outcomes.
  3. Ongoing support – from early guidance to tribunal representation, ensuring continuity and confidence.

Our aim is to resolve issues efficiently, reduce disruption to your charity’s work, and mitigate legal and reputational risks.

In most cases, trustees are not employees. Risks arise if trustees receive payment, hold additional roles, or have contractual obligations. We advise on structuring roles to avoid unintended employment status.

Volunteers generally do not have employment rights. However, claims may arise if the relationship resembles a contract. Clear role descriptions, policies, and governance oversight are essential to reduce risk.

Yes. Charities must comply with all employment law obligations, including unfair dismissal, discrimination, working time, and redundancy rules—regardless of size or funding source.

Trustees are responsible for governance oversight. Poor handling of employment matters can lead to tribunal claims, reputational damage, and regulatory scrutiny. Early advice and proper documentation reduce risk.

Yes. TUPE commonly applies in charity mergers, service transfers, and funding changes. Early advice can prevent costly mistakes and ensure compliance.

  • Before disciplinary or dismissal action
  • When restructuring or making redundancies
  • If a grievance or discrimination issue arises
  • When reviewing contracts, policies, or governance arrangements
Contact our charity employment law team for guidance

Contact Us

If your charity is facing employment issues—or wants to reduce risk before problems arise—Ellis-Fermor & Negus can provide practical, proportionate, and legally sound advice.

• Phone: 0115 922 1591

• Email: ben.bourne@ellis-fermor.co.uk

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