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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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We are a new small Charity and have adopted the Charity

Resolved Question:

We are a new small Charity and have adopted the Charity Commission's "Foundation" model constitution.
It is clear that a Charity Trustee cannot be employed or paid for their work as a Trustee.
It is clear that Trustees can be paid for providing certain services for example administration work.
My Question is, if a paid senior management role or other key paid role becomes available and there are sufficient funds to recruit a person to the position, is a Trustee eligible to apply and be employed as such?
What would be considered the correct recruitment procedures if they are eligible?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Bettina, the Trustee would have to resign their position as Trustee if they wished to accept a Senior Management role within the Trust. It would be a conflict of interest for the trustee to continue to hold the position of trustee and to act in a senior management role. However, there is nothing to prevent the Trustee from applying for the Senior management role and from being employed once they resign their position as trustee. Here, some third party would have to be hired to ensure the recruitment process was fair and transparent.

Expert:  Buachaill replied 1 year ago.

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