ILM Virtual Conference 2020 Exgratia payments in challenging

ILM Virtual Conference 2020 Ex-gratia payments in challenging times LETICIA JENNINGS LAURA SOLEY

ILM Virtual Conference 2020 ü Re Snowden [1970] - important for charities to “uphold moral standards” ü No other legal basis to permit the payment ü Trustees feel that they have a moral obligation ü Requires Charity Commission consent

ILM Virtual Conference 2020 Ex-gratia: what it is and what it isn’t

ILM Virtual Conference 2020 Charities should familiarise themselves with the Charity Commission’s guidance document: CC 7: Ex gratia payments by charities https: //www. gov. uk/government/publica tions/ex-gratia-payments-by-charitiescc 7/ex-gratia-payments-by-charities-cc 7

ILM Virtual Conference 2020 What about now? Whilst we’re all….

ILM Virtual Conference 2020 What about the Commission? We want to assure charities that our approach to regulation during this uncertain period will be as flexible and pragmatic as possible in the public interest, whilst helping trustees to be aware of and think about the wider or longer impact of their decisions on their charity.

ILM Virtual Conference 2020 The legal position is unchanged. . . The guidance is unchanged. . . Charity income is more stretched than ever. . . Charities are on the frontline in this crisis. . .

ILM Virtual Conference 2020 Charities and the services they provide are crucial - legacy income is a big part of that “Trustees should bear in mind that any money or property of the charity used to make an ex gratia payment will no longer be available for the charity's purposes. The charity's beneficiaries will thus be disadvantaged by the trustees' decision to make the ex gratia payment. ”

ILM Virtual Conference 2020

ILM Virtual Conference 2020

ILM Virtual Conference 2020 Checklist ü Be alert to possible surge in requests due to squeezed personal incomes ü BUT! The law hasn’t changed – charities must continue to make ex-gratia payments only when they meet the requirements ü It is more difficult – but not impossible - to change a will at the moment. It is possible to write a side letter evidencing intention

ILM Virtual Conference 2020 Checklist ü Understandable to be more sympathetic BUT! charities need their income and rely on legacies to a significant extent ü Reputation – don’t be too aggressive nor too weak. “Polite but firm” = winning formula ü Remember the “protective layer” of needing Charity Commission consent.

Thank you LAURA SOLEY l. soley@bateswells. co. uk 020 7551 7768 Bates Wells & Braithwaite London LLP 10 Queen Street Place London EC 4 R 1 BE Bateswells. co. uk Tel: +44 (0) 20 7551 7777 We use the word ‘partner’ to refer to a member of the LLP or an employee or consultant with equivalent standing and qualifications. LETICIA JENNINGS l. jennings@bateswells. co. uk 020 7551 7657

ILM Virtual Conference 2020 Managing mental health during a global crisis KARLI HISCOCK

ILM Virtual Conference 2020 Introduction: Our approach at Bates Wells: • Our wellness programme as part of our Diversity and Inclusion Forum • Holistic : the whole self • Holistic: Physical, emotional, social wellbeing • Mental Health: we all have it!

ILM Virtual Conference 2020 A practical tool: the stress container: Mental Health First Aid England interactive tool at: https: //mhfaengland. org/mhfa-centre/campaigns/mhaw 2018/#stresscontainer

ILM Virtual Conference 2020 Looking after ourselves and our colleagues during unprecedented times: § Reduced hours / increased workload / caring roles / home-schooling § Structure the day § Keep in touch: ü A poll conducted in early April by You. Gov and the Mental Health Foundation, found that 24% of adults have experienced loneliness; this has more than doubled during the lockdown period and presents a long-term risk to mental health ü Starting the conversation: is ‘how are you? ’ the right question?

ILM Virtual Conference 2020 Looking after ourselves and our colleagues during unprecedented times § Keeping boundaries : the importance of calendars and respecting time § Balance : physical space and mental space for life and work § Self care : nutrition, activity, rest and recovery; active switching off! § The return to the office § Our best is good enough!

ILM Virtual Conference 2020 Signposting: • Mental health first aid England https: //mhfaengland. org/ • Rethink https: //www. rethink. org/ • Samaritans https: //www. samaritans. org/ • Relate https: //www. relate. org. uk/ • Stonewall https: //www. stonewall. org. uk/

Thank you Bates Wells & Braithwaite London LLP 10 Queen Street Place London EC 4 R 1 BE Bateswells. co. uk Tel: +44 (0) 20 7551 7777 We use the word ‘partner’ to refer to a member of the LLP or an employee or consultant with equivalent standing and qualifications. KARLI HISCOCK k. hiscock@bateswells. co. uk 020 7551 7601