Secretary Terms Of Employment
The Secretary is one of the most important officers of any members’ club. In many clubs, the Secretary is the executive officer responsible for the day-to-day administration of the club between committee meetings. The role requires a high degree of integrity, impartiality and organisational ability, together with the confidence and authority to command the respect of members.
The demands of the role are often underestimated. A Secretary is typically required to have a working knowledge of the club’s rulebook, licensing law, employment law, health and safety obligations, record-keeping, HM Revenue & Customs requirements in relation to payroll, VAT and other taxes, and a wide range of additional legal and regulatory matters.
The method of appointment and tenure of the Secretary is governed by the club’s rules. Rulebooks vary considerably. Some clubs elect a Secretary from among the membership, while others appoint a Secretary as an employee, either from within or outside the membership.
Where the Secretary is elected, the appointment usually follows the same process as other officers of the club. An elected Secretary remains a member of the club and is normally entitled to propose and second motions and to speak and vote at committee and members’ meetings. Remuneration, where paid, is usually by way of an honorarium.
Where the Secretary is appointed, the role is normally treated as an employed position and remuneration is paid as a wage or salary.
There is no universally “right” approach. Smaller clubs may rely on a voluntary or elected Secretary, while larger clubs may find that the workload and technical demands justify the appointment of a paid Secretary.
This is a common and important question, and one which depends on the particular circumstances of the appointment.
The legal distinction is between an office-holder and an employee, but the position is not always clear-cut. The title given to the role is not determinative; instead, the nature of the duties, the method of appointment, the degree of control exercised by the club, and the basis on which payment is made will all be relevant.
An elected Secretary is commonly regarded as an office-holder, particularly where the role arises from election under the club’s rules and remuneration, if any, is paid by way of an honorarium. In many such cases, the Secretary will not be treated as an employee and will not benefit from statutory employment protections. However, this will not always be the case, and the position may be different where the role closely resembles paid employment in practice.
An appointed Secretary, engaged under a contract and paid a wage or salary, is more likely to be regarded as an employee and will usually be entitled to the full range of employment law protections. Once a Secretary is treated as an employee, their tenure and conditions will be governed by employment law.
Given the potential consequences, clubs should avoid assuming that an elected Secretary is never an employee, or that payment of an honorarium alone determines status. Where there is any doubt, specialist employment law advice should be obtained before changing the nature of the role or the basis on which the Secretary is remunerated.
The governance position differs markedly between the two models.
An elected Secretary remains a member of the club and participates in its democratic processes. An employed Secretary, however, should not normally be a member of the club and should not have voting rights at committee or members’ meetings. As an employee, the Secretary acts as an officer without independent authority, except to the extent powers are delegated by the committee.
For this reason, the appointment of an employed Secretary is usually made by the committee, rather than by the membership, in the same way as other staff appointments.
There is no standard level of remuneration for Secretaries. This varies widely depending on the size of the club, the scope of the role and the club’s financial resources.
Some clubs pay a modest honorarium as a recognition of service. Others pay an hourly rate or salary, often linked to or close to the living wage. In some cases, clubs have historically benchmarked remuneration by reference to weekly bar takings, although this approach should be treated with caution and reviewed regularly.
Remuneration should reflect the duties actually undertaken and the responsibilities involved.
To reduce the burden placed on the Secretary, and the club’s reliance on a single individual, committees may delegate certain functions elsewhere. For example, external accountants or payroll providers may manage PAYE and VAT compliance, and some clubs appoint assistant or subscriptions secretaries to deal with specific tasks.
By clearly defining the role, reviewing workloads realistically and setting appropriate remuneration, clubs may be better placed to attract suitable candidates from within the membership and ensure continuity in this vital position.
The Secretary plays a central role in the effective running of a members’ club. Whether elected or employed, the position carries significant responsibility. However, the legal status of the role depends on how the appointment is made, not on the importance of the work performed.