Keeping it legal
To keep you on the straight and narrow there are a number of issues you need to think about, but most of them are grounded in common sense.
It isn't as daunting as it might appear, and there is plenty of help available.
But ignoring these issues isn't really an option.
Staff Matters
If you are employing others, or even if you are organising volunteers there are a number of things to consider. You have legal obligations (some of them are mentioned below) as well as moral or ethical ones. Discriminating against someone on grounds of age, race or gender is illegal. You can't ignore it. Don't be put off by this you will find much of it is common sense ? PAVO, amongst others, is a mine of information on these issues. Continual changes in legislation can make it difficult to keep up with employment law. WCVA have tried to address the problem by offering information sheets especially dedicated to this topic. Click here to view the first of these.
VAN offer detailed material on all elements of managing staff. Within ?running your group? there is a section on ?people matters? where you will find all the info you require. There is also a document on the Disability Discrimination Act available from VAN, (VAN briefing 44). The WCVA have policies posted for a raft of staffing issues from recruitment, to staff management and redundancy: click here for the link.
Other useful links:
- Dept of trade and industry
You also have a duty towards those your volunteers or employees come into contact with, particularly if they are children or vulnerable adults, for example those with learning difficulties.
Protection of Children and Vulnerable adults
If you anticipate your work involving children or vulnerable adults then you have a legal obligation to put in place policies to protect them. The VAN website has lots of useful information under ?legal matters? which can help you do this click here for the link
If you are working directly with children or vulnerable adults then you may need a Criminal Records Bureau (CRB) check. If you are a volunteer then this is usually free of charge; if not, the fees are as follows: enhanced checks cost £36 and Standard checks cost £31.
If you are a volunteer or employee your employer should take responsibility for organising this. You can apply for a CRB check either directly from the CRB or you can take advantage of one of their umbrella-registered bodies such as the WCVA. If you are a voluntary organisation then there will be no extra fee for their services. You can contact them for advice on your specific needs from 9-5 workdays Tel: 08702 416 557 or e-mail: cru@wcva.org.uk.
Please see their website for more detailed information www.wcva-cru.org.uk. Otherwise you can contact the CRB directly 0870 90 90 811. Full details on all of this can be found on www.crb.gov.uk.
Copyright and other Legal Issues
The way we run our groups is increasingly dictated by legality. It is sometimes hard to keep up with the changes in legislation. WCVA have dedicated a page of their website to information sheets on legal updates click here to view them.
A time may come when you decide to protect the work you produce through copyright. Sites such as www.voluntaryarts.org have information on how to do this (VAN briefing 97). For all the legal information you need on copyright and some useful advice then go to www.patent.gov.uk/copy.htm
Different requirements obtain for recording music, where you also may need to comply with the Performing Rights Society requirements and the Mechanical Copyright Protection Society (MCPS) which can both be found on the mcps-prs alliance site www.mcps-prs-alliance.co.uk .
Health & Safety
You will need to consider Health and Safety in the workplace, especially if you are managing staff and volunteers. If there is an aspect of Health and safety that you would like to receive training for then you should contact the Health and Safety team at Powys County Council, there are a number of certificated courses, aimed at supporting small businesses, that they may be able to advise you of.
VAN also have a briefing on Health and Safety in offices, specifically the safety of electrical equipment (VAN briefing 103) also -just how safe are you? (VAN briefing 61)
WCVA have produced an information sheet on this issue. Click here to download it from their website: They have also produced a document which outlines the roles and responsibilities of a health and safety committee click here to view:
It is advisable to get into the habit of carrying out risk assessments on your projects, and to consider training in areas such as First Aid or Food Hygiene if appropriate. Again, PAVO, WCVA and VAW or PCC may be able to advise on available courses.
Data Protection
Issues surrounding Data Protection are also well serviced by VAN. They offer a guide to the data protection act 1998 (VAN briefing 46) and there is also a supplement to this briefing (VAN Briefing 1); you may find it useful to view the full government act by <ahref="http: 19980029.htm?class="nav"></ahref="http:>clicking here <//a>. The full acts can sometimes be a little hard to digest You may find this link to be of more use.
PAVO offers a service to all voluntary organisations that need legal and management advice. For more information contact the PAVO help desk on: 0845 009 3288.
Public Liability and Insurance
As your work will almost certainly involve the public, public liability insurance is essential. For advice on your individual needs contact PAVO, who will do research for you and even contact experts in the field on your behalf. PAVO have produced a useful document which covers the basic considerations of public liability and Insurance. PAVO stress that they are not experts in the field, and recommend that you contact an insurance broker for more detailed and specific information.
The WCVA have also produced a document which can be downloaded from their website which gives guidance on insuring voluntary organisations and outlines some of the pitfalls click here to download.
If you are a charity and would like to know more about insurance then you should pick up the publication CC49- Charities and Insurance (From the charity commission website).
Licensing Act
The Licensing Act of 2003, fully implemented in 2005, was been the biggest development in licensing laws for several years. The VAN website analyses just what an impact it has made on the Arts and offers guidance on how you might avoid some of the pitfalls.
If you contact the PAVO helpline they will be able to send you some basic information on licensing regulations tel: 0845 009 3288. You should also get in touch with your local Licensing Officer in Welshpool or Brecon. For full and detailed information click here.
Equal Opportunities
Help can be found from PAVO and from many local organisations.
When developing your policies you may find it useful to contact the Corporate Policy officer Rob Beardall at Powys County Council via the main switchboard 01597 826000.
VAN have an equality section on their website within Legal matters which offers info on: how to create an Equal Opps policy and how to go about developing it.
Below are links to useful websites:
ACAS -The employment relations experts.
Full versions of government acts are available e.g. Disability Discrimination Act, Welsh Language Act, etc, via this link.
These can be pretty complex and although informative not always very user friendly.
Arts Council Wales along with WCVA also have their own policies posted which could be useful to consult when writing your own. WCVA have also produced a document called ?An introduction to equal opportunities policy and practice?, click here to view.
If you want the chance to discuss human rights and equal opportunities issues then you could get involved with the Equality and Human Rights Coalition. The Coalition is open to all within voluntary and community groups. It aims to act as a forum for those within such groups who are working on human rights issues, offering a platform to discuss and where possible agree and present a common policy position. If you want to join and be kept up to date with future meetings then e mail help@wcva.org.uk or tel: 0870 607 1666. More information on this coalition can be found on the WCVA website.
Language Policies
Although there is not a legal responsibility for voluntary organisations in Wales to establish a Welsh Language policy, if they are providing a service on behalf of a public body they should conform to that body?s policy and have a Welsh Language policy in place. Regardless of the law there is an increasing importance to give the Welsh Language equal importance in a moral sense, and doing so may well mean that you have a chance to hold some sway with Wales based funding bodies. The WCVA offer a publication which puts the Welsh Language into a legal context click here for details
You may benefit from recruiting Welsh speaking volunteers and the WCVA have produced a document aimed at helping you do this. Click here to view. The Welsh Language Board is a valuable means of support in increasing your organisation?s use of the Welsh language. The Board offers advice and resources to assist service providers to give a choice of language to their customers and they will work in partnership with you. The Board advises all sorts of other bodies and individuals on how to treat the two languages on the basis of equality and how to develop the use of the Welsh language. Go to their website for more detailed information.
When developing a language policy you may find it useful to view existing documents and perhaps use their framework as guidance for your own. All organisations within the public sector should have a language policy and be willing to let you see it.