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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44962
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Im an Executive Director of an charity and I have difficult

Customer Question

Hi I'm an Executive Director of an charity and I have difficult relationship with someone who works us as independent contractor, who fail to provide the finance of the organziation for almost last 3 months and refused to reply at least 3 e-mails sent to him on the subject?

Do I have right to fire? or what should I do in this situation? Please advise ...
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Who engaged the contractor in the first place? What is the management structure in the charity?
Customer :

This is the management structure of the charity

Customer :

Executive Director and Board of Trustees (which has no role at the moment and we are working on their removal) due to conflict of interest ,,, allowing their children work for the charity and one of them works for the organization.

Customer :

My request of the providing financial statement had been copied for the chair two times but no the chair nor anyone else said something about it.

Customer :

So, I am in the process calling this individual the fact and let him leave the organization? if insist call the police and ask his removal from the building? is that some thing I can do it as the Head and founder of the charity?

Customer :

thanks

Ben Jones :

Is there a written contract with this person? If so is there a termination clause in it?

Customer : Yes. There is written contract which states; that the organisation (the head) may terminate this agreement at any time by 7 working days written notice. In addition, if convicted of any crime, fails, or refuses to comply with the written policies or reasonable directives of the organisation is guilt of serious misconduct in connection with performance here under, or materially breaches provision of this agreement, organisation at any time may terminate the engagement of the independent contractor immediately and without prior written notice to the independent contractor.
Ben Jones :

First of all you need to ensure that internally you have the right to make the decision to fire and carry this out. This is not a legal issue, it depends on the structure of the charity, who is granted what powers and so on. Whilst as an executive director you would usually have the right to do so, there may be limitations imposed on this internally so you should always check if that is the case.

If none exist, then your next consideration is what contract is in place with the contractor because there would be a contractual relationship in place and you will be expected to adhere to this to ensure you do not act in breach of contract. Depending on the seriousness of his breaches you may consider terminating immediately as per the contract terms (gross misconduct). A 7-day notice is not that long so if possible you may wish to issue that to ensure it does not give him the opportunity to claim for breach of contract for not being issued with notice, but if it is imperative to terminate immediately then you may do so, arguing the gross misconduct as per the terms.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer : If that being the case, what is the procedure for his dismissal? How and what should I do then?
Ben Jones :

does the contract say how a termination should take place?

Customer : The contract doesn't say how to terminate but it says if he/she fails to comply with the written policies or reasonable directive of the organisation is guilt of serious misconduct and the organisation can terminate the engagement of immediately and without prior written notice. So, should sit and give him the termination notice?
Customer : I have another legal question and I think you can help me out here... As I noted earlier, I am the founder and Executive Director of a charity and am being running this charity for almost last 5years on voluntary basis. As the charity receives no funding, we just raise running cost by providing tutoring program for minority children with nominal fees or no fees at all to some parents compared to the market rate.
Customer : This is registered charity and company limited by guarantee. Structure of the charity is as under; Founder &Executive Director, (me) and Managing Director who works only one day as an independent contractor and seasonal Tutors who works with us either 3hours or 6hours per week.
Customer : We have
Customer : We have had in active Board of Trustees.
Customer : we have had in active Board of trustees who never attended any meeting but also benefiting from the charity and allow their kids to work for the charity through the managing director who also hire his sister in law. Again, one Board member works for the charity. With all these happening in the organisation, I made firm decision to stand stop and they turn against me and formed small group within the independent tutors and service users. With all these happening, I called for a meeting, invited board members who refused to show up and in that meeting the Board of Trustees were first asked to resign but they refused to do so... And they being removed and new Board members were appointed. Now the new Board members in place with me the head and founder if the organisation is dealing with the opponent lead by the managing director and former chair who is from another ethnic community. With all these, I called another meeting for the service users not members to introduce them the new Board members but that group disrupted and I should call a police and meeting was cancelled. Next day of centres' activities I notify a notice on the door that all activities were stopped until further notice. The old chair along with the managing director are asking the service users to send their kids to the centre, which is already closed. Their argument is I am employee but I never had any contract not get paid for the work I was doing for 5years on voluntary basis. No one gave a contract and they asking me to leave on gross misconduct as an employee.
Customer : My question is, how should I go about legally and continue to serve the organisation I founded who was doing tremendous work for the community? The motive of this people is just to take over what I have had built voluntary on last 5years. I will highly appreciate if your advise on this. Many thanks'
Ben Jones :

Good morning, to be on the safe side and as the notice to terminate is only 7 days, I would advise that you issue this person with this notice to terminate their employment. Then they cannot challenge you that you did not give them any notice, especially if their actions may not have necessarily amounted to gross misconduct. As 7 days is not a long period it would much safer just to give them the notice in writing and terminate their employment that way. As to the other query as that is a completely separate issue please post it as a new question on our website, thanks

Customer :
new question have another legal question and I think you can help me out here... As I noted earlier, I am the founder and Executive Director of a charity and am being running this charity for almost last 5years on voluntary basis. As the charity receives no funding, we just raise running cost by providing tutoring program for minority children with nominal fees or no fees at all to some parents compared to the market rate.
2/7/14 11:55 PM
This is registered charity and company limited by guarantee. Structure of the charity is as under; Founder &Executive Director, (me) and Managing Director who works only one day as an independent contractor and seasonal Tutors who works with us either 3hours or 6hours per week.
2/7/14 11:55 PM
We have
6:36 AM
We have had in active Board of Trustees.
7:01 AM
we have had in active Board of trustees who never attended any meeting but also benefiting from the charity and allow their kids to work for the charity through the managing director who also hire his sister in law. Again, one Board member works for the charity. With all these happening in the organisation, I made firm decision to stand stop and they turn against me and formed small group within the independent tutors and service users. With all these happening, I called for a meeting, invited board members who refused to show up and in that meeting the Board of Trustees were first asked to resign but they refused to do so... And they being removed and new Board members were appointed. Now the new Board members in place with me the head and founder if the organisation is dealing with the opponent lead by the managing director and former chair who is from another ethnic community. With all these, I called another meeting for the service users not members to introduce them the new Board members but that group disrupted and I should call a police and meeting was cancelled. Next day of centres' activities I notify a notice on the door that all activities were stopped until further notice. The old chair along with the managing director are asking the service users to send their kids to the centre, which is already closed. Their argument is I am employee but I never had any contract not get paid for the work I was doing for 5years on voluntary basis. No one gave a contract and they asking me to leave on gross misconduct as an employee.
7:04 AM
My question is, how should I go about legally and continue to serve the organisation I founded who was doing tremendous work for the community? The motive of this people is just to take over what I have had built voluntary on last 5years. I will highly appreciate if your advise on this. Many thanks'

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