Social Enterprise: Frequently Asked Questions

Social Enterprise: Frequently Asked Questions

Q: What is a Social Enterprise?

A: Please see: What is a Social Enterprise?

Q: Do you provide advice to Social Enterprises?

A: Yes. We have a number of Social Enterprise clients. Our Charity and Social Enterprise Team would be delighted to help you. Please see our How can we help? pages for more details.

Q: Why are there going to be lots more Social Enterprises?

A: The increase in Social Enterprises is being driven by the cuts being made both in local and central government. Social Enterprises are being established to either take on an outsourced government function or to fill the gap left by those cuts.

Q: I am think about starting up a Social Enterprise but I don’t know where to begin. Where should I start?

A: Come and see us to talk though your options. Your first meeting will be free.

Q: Is a Social Enterprise a charity? 

A: It can be but it does not have to be. Whether or not your Social Enterprise is also a charity will depend on what you do.

Q: Can a Social Enterprise protect its brand?

A: Yes. A Social Enterprise can protect its brand just like an ordinary business.

Q: My Social Enterprise has been asked to tender for business, can you help?

A: Yes. Please see: Procurement or contact a member of our Charity and Social Enterprise Team.

Q: Does TUPE apply to Social Enterprises?

A: Yes it does. Your Social Enterprise will need clear and effective advice. For further details please contact a member or our Employment Unit.

Social Enterprises which have employees also have to comply employment law. Our Fixed Price HR Retainer may be of interest to you.

Q: Have you ever helped a Social Enterprise with TUPE problems?

A: Yes. We have helped Social Enterprises which have inadvertently been caught by TUPE. Usually, because they have had to take on employees who have transferred to them under TUPE.

Q: Why do I need a lawyer?

A: For lots of reasons but we are bound to say that aren’t we! Seriously, you need to identify and manage legal risks associated with your Social Enterprise.

For example, if you are taking on an outsourced service, do you understand all of the implications of the service contract? Will you have any responsibility to take on employees due to the Transfer of Undertakings (Protection of Employment) Regulations 2006? Please see our How can we help? and Joint Venture and parterning arrangements pages for further information.

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