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michael holly
michael holly, Solicitor
Category: Employment Law
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Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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In law, can a Social Club employee still remain a Club Member

Customer Question

In law, can a Social Club employee still remain a Club Member on being appointed & if not does there have to be a Club rule suspending or cancelling their membership
Submitted: 3 years ago.
Category: Employment Law
Expert:  michael holly replied 3 years ago.

There is nothing in general law to prevent a social club employee also being a member of the club.In fact it is very common. What would prevent it is if the rules of the club forbid it.

The conflict that you refer to can be easily resolved insofar as if he was entitled to vote on club policies then he would not be able to vote on issues that affect his employment such as a wage rise.The closest analogy is probably that of a company director since a director can also be an employee of the company and would be prevented from voting on matters that they have a personal interest in

I hope this helps.If there are any further points please reply

Best wishes

Yours sincerely

michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6544
Experience: Over 20 years experience of dealing with employment law matters and qualified mediator
michael holly and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you - We will discuss the matter at our next Meeting in time for a possible rule change at the next AGM

Expert:  michael holly replied 3 years ago.

My pleasure

Yours sincerely

Michael

Customer: replied 3 years ago.

Apologies - I did reply to your first opinion - Incidentally I have visited the Club & Institute website & found a copy of their 2008 Law Paper which says employees should not be members. There would be an Employer/Employee conflict as in all Unicorporated Associations members have equal liability for debts & surplus as Employers whereas Employees are exempt from any liability as they could agrue they were following Employers instructions. We will discuss it again before our AGM & decide on submitting a Rule amendment or not.

Expert:  michael holly replied 3 years ago.

Thank you for coming back to me,. Yes, I saw that too.It is a recommendation but the actual law is that there is nothing to stop it even though in some circumstances it can have ramifications.

Yours sincerely

Michael

Customer: replied 3 years ago.

Understand - Will be discussed at our next Meeting in 2 weeks time - Thank you once again - David Richardson, Secretary, Exmouth Town FC

Expert:  michael holly replied 3 years ago.

Dear David

You are welcome

Yours sincerely

Michael

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