"payment in kind" legal can of worms
Originally Posted by
Hemmers
No, the trouble with that is those who help out are receiving payment in kind (i.e. part of their fees) in return for labour. This means legislation governng Health and Safety in the Workplace comes into play, which involves paperwork. Lots of it. If you've got a solicitor member who can make sure you are absolutely kosher and have the relevant risk assesments for the club to be a "workplace" then fine, but that's a load of extra effort in and of itself.
Actual volunteering does not come with all these strings attached.
Even giving old Joe a bottle of scotch at Christmas for mowing the ranges is technically payment in kind, but if the whiskey is bought by members and is strictly off the club books, you'll get away with it (as a private gift from some friends to a friend, not the club to a member).
On the other hand if you have a formal 2-tier membership system, you'll get screwed over if anything were to happen, H&S investigated and found they could consider those people "employed" and prosecute accordingly.
Sucks, but it's the way it is.
Denise Doe wrote a comprehensive legal brief on this topic in a copy of the NSRA's Rifleman. Forget which one, but it was in the last 18months or so.
So my sailing club (PCC) which runs a points system for allocation of club moorings based on work party attendance, number of times boat sailed in last season and years of continuous membership is breaking the law??
There should be some benefit to members who contribute as opposed to those who don't, thats what being a club member is all about. Take care; John.
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