Exgratia payments in challenging times LETICIA JENNINGS LAURA SOLEY ILM Virtual Conference 2020 Re Snowden 1970 i mportant for charities to uphold moral standards No other legal ID: 1029134
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1. ILM Virtual Conference 2020Ex-gratia paymentsin challenging timesLETICIA JENNINGS LAURA SOLEY
2. ILM Virtual Conference 2020Re Snowden [1970] - important for charities to “uphold moral standards”No other legal basis to permit the paymentTrustees feel that they have a moral obligationRequires Charity Commission consent
3. ILM Virtual Conference 2020Ex-gratia: what it is and what it isn’t
4. ILM Virtual Conference 2020Charities should familiarise themselves with the Charity Commission’s guidance document:CC7: Ex gratia payments by charities https://www.gov.uk/government/publications/ex-gratia-payments-by-charities-cc7/ex-gratia-payments-by-charities-cc7
5. ILM Virtual Conference 2020What about now? Whilst we’re all….
6. ILM Virtual Conference 2020What about the Commission?We want to assure charities that our approach to regulation during this uncertain period will be as flexible and pragmatic as possible in the public interest, whilst helping trustees to be aware of and think about the wider or longer impact of their decisions on their charity.
7. ILM Virtual Conference 2020The legal position is unchanged...The guidance is unchanged...Charity income is more stretched than ever...Charities are on the frontline in this crisis...
8. ILM Virtual Conference 2020Charities and the services they provide are crucial - legacy income is a big part of that “Trustees should bear in mind that any money or property of the charity used to make an ex gratia payment will no longer be available for the charity's purposes. The charity's beneficiaries will thus be disadvantaged by the trustees' decision to make the ex gratia payment.”
9. ILM Virtual Conference 2020
10. ILM Virtual Conference 2020
11. ChecklistBe alert to possible surge in requests due to squeezed personal incomesBUT! The law hasn’t changed – charities must continue to make ex-gratia payments only when they meet the requirementsIt is more difficult – but not impossible - to change a will at the moment. It is possible to write a side letter evidencing intentionILM Virtual Conference 2020
12. ChecklistUnderstandable to be more sympathetic BUT! charities need their income and rely on legacies to a significant extentReputation – don’t be too aggressive nor too weak. “Polite but firm” = winning formulaRemember the “protective layer” of needing Charity Commission consent. ILM Virtual Conference 2020
13. Thank youLAURA SOLEYl.soley@bateswells.co.uk020 7551 7768LETICIA JENNINGSl.jennings@bateswells.co.uk020 7551 7657
14. ILM Virtual Conference 2020Managing mental health during a global crisis KARLI HISCOCK
15. ILM Virtual Conference 2020Introduction:Our approach at Bates Wells:Our wellness programme as part of our Diversity and Inclusion ForumHolistic : the whole self Holistic: Physical, emotional, social wellbeing Mental Health: we all have it!
16. ILM Virtual Conference 2020A practical tool: the stress container: Mental Health First Aid England interactive tool at:https://mhfaengland.org/mhfa-centre/campaigns/mhaw2018/#stresscontainer
17. ILM Virtual Conference 2020Looking after ourselves and our colleagues during unprecedented times:Reduced hours / increased workload / caring roles / home-schoolingStructure the dayKeep in touch: A poll conducted in early April by YouGov and the Mental Health Foundation, found that 24% of adults have experienced loneliness; this has more than doubled during the lockdown period and presents a long-term risk to mental healthStarting the conversation: is ‘how are you?’ the right question?
18. ILM Virtual Conference 2020Looking after ourselves and our colleagues during unprecedented timesKeeping boundaries : the importance of calendars and respecting timeBalance : physical space and mental space for life and workSelf care : nutrition, activity, rest and recovery; active switching off!The return to the officeOur best is good enough!
19. Signposting:Mental health first aid Englandhttps://mhfaengland.org/ Rethinkhttps://www.rethink.org/ Samaritans https://www.samaritans.org/ Relatehttps://www.relate.org.uk/ Stonewallhttps://www.stonewall.org.uk/ ILM Virtual Conference 2020
20. Thank youKARLI HISCOCKk.hiscock@bateswells.co.uk020 7551 7601