Volunteers and the Law Caty Collier Voluntary Centre Services

A varied picture No legal definition of ‘volunteer’ like there is for employees/workers Volunteers do not have employment rights Some legislation includes volunteers - eg safeguarding, based on nature of work Some law is based on the rights we all share as citizens Law influences ‘good practice’

Safeguarding vulnerable people Legislation is based on the nature of the job/role Disclosure & Barring Service checks are part of a wider safeguarding approach DBS checks create legal and moral responsibilities for managers of volunteers Definitions of ‘regulated activity’ are key

Principle underpinning legislation In normal circumstances, employers not allowed to ask about ‘spent’ convictions Some exceptions to this – including specific types of work with children Therefore, DBS checks : –Include most convictions, including spent –May check lists of barred people and police info, where eligible –Only available for certain jobs/roles –check legislation and eligibility guidance

Expenses, Benefits and Tax Reimburse ‘out-of-pocket’ expenses only Any other type of payment could: –Be seen as taxable income –Affect welfare benefits –Change the legal status of volunteer

Benefits rules All major state benefits allow the claimant to volunteer No hour limits, but change to Universal Credit brings specific conditions for some claimants – eg volunteering can be up to 50% of ‘work-related activity’ requirement Claimants must still fulfil all conditions of their benefits Jobcentre Plus Work Coaches must be informed

Volunteer, worker or employee? Volunteers are not generally covered by employment legislation But in some cases volunteers may be seen as workers or employees in the eyes of the law Key issue: Is there a contract in place?

What is a contract? Consideration –A payment. Money or something of value exchanged for work Intention –Is there an intention to create a binding agreement? –Can be implied from the circumstances +

Landmark cases 1.Maria Delourdes Armitage v Relate & others (1994) –600 hrs work or repay costs; possibility of paid work; min hours 2.SE Sheffield CAB v Grayson (2004) –Original tribunal decision overturned by Employment Appeal Tribunal

Steps to take Avoid payment – money, expected perks Reduce obligations – eg ‘you must work for us for 6 months’. Volunteers are free to leave Mind your language – ‘role’ rather than ‘job’ description, volunteer agreement not contract, expect rather than oblige Keep a distinction – volunteers are equal but different Treat volunteers fairly and with respect Remember – it’s all about goodwill

Contact: Caty Collier T: E: