Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To worry I’ve been put down as a trustee for a charity I worked at

44 replies

Mucado12 · 02/05/2022 19:03

So I’ve come here to ask for some advice as I’ve googled it and it seems confusing.

I worked for a charity last year, I had no access to funds. I ran their social media and helped out with a campaign. I then joined my bosses other company instead of the charity.
The charity was being looked into I think as it only had one trustee, they asked if there were any more. My boss has put me down as a trustee for the charity, I have never agreed to this, he has never mentioned it and from what I can see on Google it means I have to along with other trustees look after the finances for the charity.

What does being a trustee actually mean? I want to know before I ask him. I absolutely am looking to leave this job but can’t do so without another. So I know what he did was wrong and probably dodgy

OP posts:
Redburnett · 02/05/2022 19:06

Perhaps write to the Charity Commission and state clearly that you are not a trustee since you have not agreed to be one.

Trinity69 · 02/05/2022 19:09

I'd run for the hills, but it sounds like he's already signed you up without your permission. I was asked by my sons pre school to be on the committee on the understanding that it simply involved attending an occasional meeting and assisting with fund raising. The whole thing went wrong and it then came out that essentially, as a group the committee were actually the managing directors of the charity and were in it up to our necks and personally financially liable for any costs the funds from the charity couldn't cover. By the time we all found out what we'd signed up for, all funds, including the contingency had gone, we ended up having to make people redundant and close the whole thing down. Nightmare.

BanjoKnickers · 02/05/2022 19:13

If you actually are a trustee you may well be personally responsible for any financial irregularities. As trustee you owe a "fiduciary" duty of skill and care to protect the funds, much like the director of a company. But you would have needed to agree to be be a trustee. You can't be appointed without your consent. Him naming you as trustee does not make you a trustee. But you need to correct the record ASAP.

Mucado12 · 02/05/2022 19:16

When I Google it it says I’m a trustee on the Charity Commission page. In the email sent it says that there was a meeting where I was appointed. someone looking into this said they need the minutes from the meeting but there never was one

OP posts:
BanjoKnickers · 02/05/2022 19:20

Clearly your boss has flat-out lied. You need to sort it out. He has almost certainly committed an offence I would guess. He should be more worried about it than you. But now you know you need to get your name removed.

thedancingbear · 02/05/2022 19:23

I'm almost certain this is an offence. This is pretty horrifying, and could have serious consequences if something goes badly wrong at the charity. I'd be speaking to a solicitor.

TokyoTen · 02/05/2022 19:25

There is a government website to give you an overview of the duties and responsibilities here. I think as PP have said you need to contact the Charities Commission in writing stating you are not a trustee. I would also contact the person who has "appointed" you as a trustee and inform him in writing too if you know the address.
Personally I would post both letters recorded.

spongedog · 02/05/2022 19:26

This link might give you some sensible information. It is a big commitment, not to be taken lightly. I am an accountant and was a charity trustee for 5 years. I found it quite stressful.

www.gov.uk/government/publications/the-essential-trustee-what-you-need-to-know-cc3

Choufleurfromage · 02/05/2022 19:26

You need to inform the Charity Commission. To become a trustee, you need to complete and sign quite a few legal forms, so if you haven't done this, the CC need to know promptly!

NeverEnoughCake2 · 02/05/2022 19:27

I'm a charity trustee, and the person responsible within our charity for updating the Charity Commission records with other trustees' details. There is absolutely no way he should have put your name down without your consent. Here's the full rundown on what trustees should be told and your legal responsibilities: www.gov.uk/guidance/trustee-board-people-and-skills#tell-your-trustees-whats-involved

You also should have been asked to sign a declaration of eligibility when he put you forward (www.gov.uk/government/publications/confirmation-of-charity-trustee-eligibility).

Write to the Charity Commission and let them know that you did not consent to be a trustee for this charity and you want your name removed. You should probably also write to the other trustees of the charity making it clear that you never agreed to be a trustee, that you're not in a position to take this role on, and that you have written to the Charity Commission to sort this mistake out.

Also, it very much sounds like the charity should be on the Charity Commission's radar as a small organisation in need of more support/oversight to ensure they meet their legal responsibilities!

girlmom21 · 02/05/2022 19:30

I'd get yourself removed then find a new job because this won't be the only shady shit he's involved in.

Jacopo · 02/05/2022 19:31

If you were appointed you would have had to fill in a form with your address, age etc. Can you remember filling in anything like that? If not, he has committed an offence and you are obliged to inform the Charities Commission as soon as possible.

soupey1 · 02/05/2022 19:34

As has already been stated you need to agree to be a Trustee and sign appropriately, you need to let the Charities Commission know as either someone has forged your signature or lied and said that you have signed when you haven’t. As a trustee you have legal liability and if you don’t correct this now you know you could still be liable.

Mucado12 · 02/05/2022 19:36

Thank you everyone for your help. I 100% have not signed anything, we haven’t spoken about anything to do in regards to this. I will speak to him and also get this rectified ASAP

OP posts:
gamerchick · 02/05/2022 19:38

Yeah your boss has been up to shenanigans OP. He's in deep shit.

Do not speak to him, contact the charity commission.

YukoandHiro · 02/05/2022 19:46

Immediately check they have trustee indemnity insurance.

If they do not write a formal letter stating that you did not agree to take this position on, you do not accept the responsibility and you are not liable for the decisions the organisation makes. Copy in the charity commission and any major funders.

YukoandHiro · 02/05/2022 19:47

Just caught up on the full thread and if you're already registered with the CC without your agreement then the person who did this has broken the law.
Tell the charity commission immediately

Mucado12 · 02/05/2022 19:48

I’m worried about if I write to the charity Commission they will notify him and then I lose my job

OP posts:
tigerbird · 02/05/2022 19:52

BanjoKnickers · 02/05/2022 19:13

If you actually are a trustee you may well be personally responsible for any financial irregularities. As trustee you owe a "fiduciary" duty of skill and care to protect the funds, much like the director of a company. But you would have needed to agree to be be a trustee. You can't be appointed without your consent. Him naming you as trustee does not make you a trustee. But you need to correct the record ASAP.

^^This. I’m a trustee of two charities and you should be signing registers of interests and being present at the audit and governance meetings every year; you’re effectively the equivalent of a company director for the charity, and both you and the charity can get in to a lot of trouble if you aren’t actually discharging your duties properly. Did you ever sign a Trustee Eligibility Declaration or any other form agreeing to be a trustee?

Contact both the charity and, if necessary, the Commission, to make it clear you are not a trustee and that this is listed in error.

It depends how much trouble you want the charity to get into in terms of whether you shop them to the Commission; but theoretically if financial or governance irregularities are found during the period you were registered as a trustee, you could be held responsible!

Crimesean · 02/05/2022 19:54

if financial or governance irregularities are found during the period you were registered as a trustee, you could be held responsible!

This! Get your name removed immediately.

Neverreturntoathread · 02/05/2022 19:56

It gives you legal liability for dodgy finances!! Get removed asap

YukoandHiro · 02/05/2022 19:58

I understand but right now you're legally liable for every decision that charity makes despite not being party to them or in attendance at trustee board meetings...

To be clear you are financially liable too. If they screw up and have no indemnity insurance you could lose you home/savings

titchy · 02/05/2022 20:08

Mucado12 · 02/05/2022 19:48

I’m worried about if I write to the charity Commission they will notify him and then I lose my job

And he'll say 'Oh sorry I thought you'd agreed. Leave it with me and I'll sort it.'

In the meantime he embezzles thousands having been alerted that you're into him, disappears and you're facing possible prison for being in on it.

gamerchick · 02/05/2022 20:18

Seriously OP don't fuck about worrying. More than your job is at stake. You need this rectified asap.

inappropriateraspberry · 02/05/2022 20:21

I'm a trustee for a charitable committee. In reality, I don't have any responsibility, but I do have to sign a form with my details. Has he forged your signature? It all sounds a bit dodgy if there was only one trustee to start with.