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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50476
Experience:  Qualified Solicitor
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I started a Lunch Club for lonely people in our village.

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I started a Lunch Club for lonely people in our village. It's been v. successful & we have won awards. However our 83 year old Desserts cook decided to step down, so the Mains cook brought in her "friend" to fill the gap. This "friend" has ruined the "team" spirit we had, & has been extremely rude to the Desserts cook whom she replaced. The "friend" does not cook, so clutters up the tiny kitchen & the 83 year old has carried on making desserts in her own home which is just across the way. I want to get rid of this trouble-maker, but the constitution I got the three initial management committee member to sign does not give any ideas as to how one can do this. I think Mains cook, who brought along her "friend" will cause me problems. Any ideas?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Exminster, Devon, England
Assistant: Has anything been filed or reported?
Customer: No. We are just a voluntary club/group
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Just that we are a group of volunteer "wrinklies" running the club

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So is this friend actually employed and if so, how long has she been employed for?

Customer: replied 3 months ago.
No. We don't "employ" any folk. We are all volunteers
Customer: replied 3 months ago.
I don't want to pay an extra £44 - I'm not impressed by this tactic

OK no problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. Legally it should not be too much of a problem to get rid of this person, although you would ideally want everyone’s agreement to do this. As she is not an employee or worker she will not really have many rights to protect her against being removed, even if it is against her will. So she cannot claim that she has been unfairly dismissed or removed because there are simply no legal rights giving her such protection. She is a volunteer and there is no guarantee of being kept on - just because she volunteers her services does not mean you are obliged to let her provide them.

The main issue would be what the mains cook does if her friend is removed. You may find that she will make things difficult in the way the club is run, or even leave herself. But overall this is not a situation that would really give rise to any legal issues. It is all relatively informal and unregulated from a legal perspective. If you are adamant that this person must go then just take the decision to remove them and say that their help is no longer required. They have no legal right to be there or for you to accept their services and they cannot challenge you legally if you decide not to rely on them any further.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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