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CLUB LAW AND MANAGEMENT

ACC Launch New Contracts of Employment

The ACC are pleased to announce that we have completely revised the Contracts of Employment which we offer to Clubs.

The new contract packs are fully revised and updated and in complete compliance with current UK Employment Legislation.

We have produced five contract packs. We now offer the following packs:

Terms and Conditions of Employment

Our standard contract for use with all general Club employees such as bar staff, cleaners, door men etc. Fully revised and updated, these packs are designed to be entirely flexible to accommodate the various needs of each Club and their employees. These contract packs also now include employee disciplinary and grievance policy handbooks.

Steward and Stewardess Contract of Employment

A contract pack for Clubs which employ a Steward and Stewardess on a joint contract of employment. Now also including a separate Service Occupancy Agreement for Clubs which provide accommodation for the Steward and Stewardess in addition to disciplinary and grievance policy handbooks. 


Steward Contract of Employment

The same contents as the above contract pack for Steward and Stewardess but specifically for a single employee acting as the Club’s Steward.

Bar Manager Contract of Employment

A brand new contract pack for Clubs which employ a Bar Manager. This contract pack does not contain accommodation provisions as most Clubs do not provide accommodation when employing a Bar Manager to manage the Club’s bar. Clubs wishing to offer accommodation should choose a Steward Contract pack or a Steward and Stewardess Contract pack. Also includes disciplinary and grievance policy handbooks.           

Club Secretary Contract of Employment

A Contract of Employment for Clubs which employ, rather than elect, a Club Secretary. Once again, fully updated and now also including disciplinary and grievance policy handbooks.

The contracts packs have been drafted to cater to the majority of ACC Club needs and are finished to a high standard. Every contract pack contains two copies of all documentation, one set for the employee to keep and one set for the Club to keep. Please contact the ACC with any questions regarding the new Contracts of Employment or to place an order.


Buxton Conservative Club Email Update

 

Des Brookes, Club Secretary, has changed his email address from des.brookes@virgin.net todes.brookes@outlook.com.


Linneweber 1 Loan Offer to ACC Clubs

Clubs which previously submitted a Linnewber 1 claim and received a refund should be aware that HMRC were successful with their appeal of this case and are gradually contacting the affected Clubs and are seeking a repayment of the money previously refunded to Clubs who submitted a claim.

We can confirm that a final appeal will be heard by the Supreme Court. Should the Supreme Court decide against HMRC then Clubs will be refunded at that time. We do not expect a decision on this case until late 2015.

Any Club which has difficulty repaying HMRC should contact the ACC for financial assistance. We have set aside a special loan fund which will be exclusively used to assist Clubs who have difficulty repaying a HMRC repayment notice. Any Club in such a position should contact us to arrange assistance with their repayment. The ACC has committed to assisting any ACC Club which experiences difficulty repaying a HMRC repayment demand.

VAT Follow Up On Clubs Holding Cultural Events and Offering Sporting Facilities

In last month’s Questions and Answers section, we clarified that Clubs should not normally be paying VAT on income generated from ‘cultural’ events (that is income derived from door entry charges, tickets or room hire charges). This is in addition to other activities such as pool or snooker income which should also not have VAT applied to the proceeds.

The ACC’s VAT Consultant, Ian Spencer, has offered to assist Clubs where VAT has previously been paid in error on income generated from cultural events or snooker and pool (or the provision of other sports facilities such as bowls, skittles etc.).

Any Club which has paid VAT on these types of activities over the
past four years is able to submit a claim to HMRC to be refunded
the incorrectly paid VAT. It is not a completely straightforward claim to make and there are certain aspects which would need to be considered by Clubs on a case by case basis prior to making a decision to proceed with a claim. Ian Spencer has offered to assist Clubs on a no win no fee basis and would only take a percentage of the recovered VAT in the event of a successful claim. Ian Spencer & Associates Ltd can be contacted on 0114 258 5967.
 

Zero Hours Contracts Update

There has been press coverage of these types of Contracts of Employment in recent months. We recognise that, particularly in the licensed sector, that these types of contracts of employment
can be useful to both employers and employees. In addition to employees on set hours per
week, many Clubs will need to have additional assistance during special events, to cover established employees holiday time, assist with employee sickness absence and to provide
greater bar coverage during peak times of the year such as Christmas.

These types of contracts can be of use to many employees such a university students or employees with family commitments who like the flexibility that these contracts provide. An employee on a zero hours contract does not have to accept any work which is offered to them which makes them useful for some casual employees who have other commitments.

Employers who have employees on a zero hours contract do not have to provide them with a minimum or set number of hours per week. Effectively, this means that the employee is available to work for the Club should the Club request that they work and should the employee wish to work. This can represent a saving to Clubs as opposed to having to obtain agency staff or ‘temp’ employees to cover events or absences. It is, however, important to note that employees on zero hours contracts are still entitled to the normal employment rights, notably that they will accrue holiday time for the hours which they work and that they must receive the minimum wage.

These types of contracts are unlikely to banned in the future as most people accept that they can be useful for employers and employees in specific circumstances, the licensed sector being the key example. It is, however, likely that in the future restrictions may be placed on these contracts to prevent exclusivity agreements being used (stopping an employee on a zero hours contract working for another employee) and that a code of practice regarding fair use of this contract will have to be abided to by employers. We will continue to update Clubs on any legislation changes which concern zero hour contracts.

Mid Sussex Conservative Club Website

The Mid Sussex Conservative Club has launched a brand new website. As part of the website, there is a forum area for Clubs in the South East to share information and advice. Already shared is a deal negotiated by Mid Sussex with ACC Recommended Supplier Heineken which included £3,500 being provided towards a Sky Sports subscription.

www.midsussexconservativeclub.com