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

[Mucado12]

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

So I’ve got access to the emails where he states that I was appointed. He definitely said so and I’ve just confronted him. He said I am supposed to be an admin, he is lying through his teeth so I will write to them tomorrow, stating what has been said on this thread. Thank you for your help everyone

I'm a specialist charity accountant. This is spot on.

OP, if you never agreed to becoming a trustee, then you’re not a trustee. Simply being on the Charity Commission website doesn’t legally make you a trustee. If it were like that the system would be hugely open to abuse.

That being said, please do inform the CC ASAP.

Kxx

I'll email him and copy the charities commission in stating that you want removal as you have never consented to be a Trustee, and you are not 'admin' as he has stated, as you appear as a Trustee online. He has 5 days to rectify this or you will be making an official complaint to the Charities' Commission.

Then watch your back at work.

I was a trustee years ago for a charity. It's quite a responsibility and there is also some points that you could be financially responsible if something was to happen to charity and they owed money.
It's all very official and definitely wrong that he has named you without meeting and discussion. I would run for the hills

What does companies house say?
You need to dress it.

You have a massive amount of responsibility and very worrying that you think that you dont.

I am a trustee and agree with a lot of the advice above. You cannot be appointed without signing documents. So a huge red flag that you’re listed on the charity commission site.

fully agree with advice to contact the charities commission. Get it sorted. Don’t speak to your boss.

I sense you’re worried about your job but there are bigger risks at play as a pp has set out. If I were you I’d be focusing on job hunting whilst getting this rectified with the cc. If your boss talks to you about this following cc contact to him etc just play dumb. “Oh yes I just notified them that I wasn’t a trustee. Which of course you’re aware of given I’ve never been to a meeting or signed a form of agreement. Assumed it was an administrative error so dealt with it.”

good luck sorting this and getting away from this organisation. Sounds dodgy as hell.

I’m a charity trustee - your boss has acted really badly and I agree you should write to the charity commission to tell them that you never agreed to be a trustee and request that they remove your name from the charity’s listing on their website immediately.

For those saying that the OP is now personally liable for the charity’s finances and could lose her home /savings - this isn’t necessarily correct. If the charity is also a company, or is a charitable incorporated organisation (CIO), her liability is limited and she won’t be personally financially liable. The governing document is usually a memorandum and articles (for a charitable company) or it will probably say it’s a CIO at the top of its governing document.

If the charity is an unincorporated association, she may be personally liable unless it has trustee indemnity insurance.

OP, what does the listing on the charity commission website say the governing document is?

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

OP definitely needs to alert the CC about this, but as PP says, there's nothing to worry about legally: OP is NOT liable at all. You can't just fraudulently claim that somebody has a position of responsibility that they know nothing about and haven't agreed to and then bind them to it legally.

If you could do that, you could just as well claim that Elton John was the father of your baby following a ONS (highly unlikely though that would be, all things considered) and expect your lie assertion to make him instantly legally liable for huge maintenance payouts without any backup info, proof or other checks.

However much of a nightmare it can be to get it all resolved, the victim of any identity theft is never legally liable for somebody else's crime, however realistic a job the criminal may do. Somebody in this scenario is going to be in a whole lot of legal trouble.... but it most certainly ISN'T OP.

Well, yes and no. Of course, what you're saying is probably strictly right. But the onus would be on the OP to show that the public register had been falsified, which is something she will not want to have to do if the shit hits the fan. Which is why the OP needs this sorting now.

definitely dodgy, I'm involved with the administration of a charity and make sure that we check that trustees are all legit and above board, everything others have said but also
You work or have worked for the charity. It is very unlikely that you would be allowed to be both a trustee and an employee at the same time. IF the governing documents allow it trustee can get paid for a special skill but it all has to be properly minuted, that this is going to be cheapest for the charity and you should have no say in anything about the decisioin[if you agree to it, for example, a dance charity might be able to pay a trustee who is also a dance teacher for doing some dance sessions for the charity, but she would have no input into ger appointment, or remuneration
The charity would be in big bother if they were paying a trustee even if they are allowed to if it was something like jut admin at the going rate. I couldn't become a trustee of the charity, it would be a conflict of interest too
That is not a well-run charity

So, as everyone says,write to the CC. When you do so,let them know you are also an employee of the directors other company and that you are at risk. I'd suggest you are essentially whistleblowing his malpractice. If you're a whistleblower you will have some protections but if there are already flags, this will lead to an investigation - or it should. This may take some time as CC are stretched - start your job search! Be cautious about what you say to your boss, he sounds unhinged and like he knows how sketchy (illegal) this all is so he may retaliate.

Isn't this some sort of fraud?

From my understanding the document that people are referencing signing "trustee eligibility declaration" now only seems to be required when applying to the CC to become a charity. Although it could be requested for new trustees and could be considered as best practice, it's not a current requirement.

Your charity's requirements for appointing / removing trustees should be in the Governing Document, so you can look at that to confirm that your boss has worked outside that. Acceptance of the position in a minuted official meeting would seem bare minimum to me.

Trustees need to be kept up to date on the CC register. It asks for a personal email address when adding people, so if he had added you properly you would have got an email stating you've been added as a trustee.

(I am a trustee of a very small charity, no employees. Appointed post inaugration but heavily involved in current paperwork)

Oh and just to add, on the CC website / register you can add someone as a charity "contact". (I think it used to be called Secretary). It's in the same place as adding a Trustee and is just a different tickbox.

It could be he's just wanted to add you as a contact and stuffed it up?
Only mentioning because you said "he said he wanted to add you as an admin." in your update.

Just for your reference.

@MyJobisNotOuting I'm a holding trustee, rather than a managing trustee, for a village hall (charitable status) and have no say in day to day running or finances. I was trying to keep it simple, but don't want to mislead OP. It's worth her checking what kind of trustee she is, and no one should be put in any role without consent.

But the onus would be on the OP to show that the public register had been falsified

But how? Surely you would deny all knowledge of it, request the overseer/claimant provide proof of your agreement to become a trustee - whether a form, email, other correspondence - and then, when they have absolutely nothing to show, what could the authorities do?

Without any proof whatsoever, why would the boss' word as to what OP has agreed be accepted over her assertion that she hasn't? The main reason for having trustees in the first place is that they are there to ensure everything is transparent, above board, whiter than white and all fully documented.

The whole criminal system is based on requiring evidence - even when it's clear as day to everybody that a criminal did do the crime, many have to be let go free on a technicality.

You are legally responsible for the running of the charity.
You need to review their finances regularly along with things like the risk register. You are responsible for ensuring the charity is operating as it should
Here is more info about what you are responsible for and liable for

Trustee Duties

You should ask for your name to be removed if you are not willing to perform these duties and tbh you should report this charity to the Charity Commission (or OSCR if in Scotland)