Head of Legal & Company Secretary - Hybrid

at  Brainkind

Head of Legal & Company Secretary
Salary: £80,000 per annum
Location: Hybrid based in either Burgess Hill or York
Hours: 35hrs per week
Why join us?
Brainkind is a charity that aims to improve the lives of people with brain injuries in the UK. Our assessment centres, rehabilitation units and hospitals use expert neurorehabilitation to support people to regain the skills they have lost. We treat people with a range of brain injuries – sustained through trauma, illness, substance abuse and more – to recover and meet their personal goals. Our employees are incredibly passionate about the jobs they do – you will find a strong team spirit across our services and amazing colleagues who always pull together and look out for each other.

MAIN PURPOSE:

To be responsible for ensuring a robust governance and compliance structure; to oversee the management of corporate risk; and oversee all legal matters within the organisation and contribute to the successful delivery of strategic objectives by offering pragmatic and sound legal perspectives on key business decisions.
As the Company Secretary for Brainkind to ensure that the charity complies with statutory, regulatory and charity commission requirements.
To be the lead on data protection matters for the organisation.
Overall to lead on ensuring we are delivering fit for purpose legal advice and have strong corporate governance in place, providing compliance, data management, company secretarial, information governance, data protection services.

MAIN TASKS AND RESPONSIBILITIES:

1. Corporate Governance: Facilitate good corporate governance practices by advising the board on their roles, responsibilities, and legal obligations.

• Provide Company Secretarial services to the Board and board committees, ensuring that meetings are properly conducted, minutes accurately recorded and all statutory, legislative, and procedural obligations relating to the governance of Brainkind are fulfilled.
• Maintain, update, and ensure Trustees and Directors adhere to Brainkind’s Articles and relevant Terms of Reference, ensuring that they are compliant with company and charity law and the Charity Commission’s requirements.
• Keep the board informed about legal and regulatory changes that may impact the organisation and ensure compliance with relevant laws, regulations, and internal policies.
• Organise the Annual Accounts sign-off and lead on the preparation of notices and papers in line with the organisation’s Articles of association. File all necessary forms and documents at Companies House, with the Charity Commission or as required by legislation.
• Support the Chair with Trustee recruitment, inductions and elections to the Board and any committees, trustee professional development and the Trustee’s annual review.
• Co-ordinate, plan, and set governance meetings each year, maintain up to date and current databases of directors’ information, HMRC forms, and declarations of interest, and monitor and ensure delivery of Board governance action plans.
• Lead on the development of board-owned policies, ensure that the policies are up-to-date, and that compliance is maintained across the organisation.
• Support the Chair and CEO directly as required.

1. Legal Services: Provide sound and pragmatic legal advice to the Executive team and the Trustee Board in a cost-effective manner.

• Manage legal disputes and litigation, either by handling them directly or coordinating with external legal counsel.
• Draft, review, and negotiate contracts and agreements to protect the organisation’s legal interests.
• Provide commercial and practical legal support to the organisation’s operational services, advising them promptly of material legal developments and their implications.
• Build and maintain positive relationships with external legal partners, regulatory bodies, and relevant stakeholders. Represent the organisation in legal matters, negotiations, and collaborations.
• Co-ordinate and promote initiatives that result in the sharing of legal knowledge and best practice across Brainkind.

1. Risk Management: Co-ordinate and manage the approach to risk and ensure that the legal, commercial, and reputational interests of Brainkind are adequately protected.

• In partnership with the Head of Quality, develop a comprehensive corporate governance and risk framework, to ensure appropriate oversight across all the organisation’s directorates.
• Develop, implement, and assist the organisation remain compliant with legal risk management requirements, policies and standards.
• Collaborate with relevant departments to develop and review organisational policies, ensuring alignment with legal requirements and industry standards.
• Provide leadership, assistance and oversight of the corporate policies and standards and ensure compliance with them.

1. Data Protection Officer (“DPO”) and Information Governance: Ensure that obligations under UK data protection legislation and GDPR (and when relevant EU GDPR) are met.

• Monitor compliance and data practices internally to ensure the business and its functions comply with applicable requirements under GDPR.
• Advise on data protection training requirements and oversee data protection impact assessments and internal audits.
• Serve as the primary contact for supervisory authorities including the Information Commissioner’s Officer, and the individuals whose data is processed by Brainkind.
• Responsible for implementing measures and maturing the existing privacy governance and information governance framework.
• Working with key internal stakeholders to review projects and related data and information governance compliance.

*Please note we will be shortlisting and interviewing candidates on a rolling basis until the role is filled therefore, we recommend applying as soon as possible. *

• All successful candidates are subject to compliance checks including 3 years of checkable references and DBS/PVG checks