1. Volunteers and the Law Example Training Slides Check out updated Home Office Guidance: Asylum Seekers Slide 13 www.rebeccatully.co.uk Getting People Involved

2. Volunteers and the Law Key laws affecting volunteer management: a brief overview Differences between an employment contract and a volunteer agreement. Why the actions of the whole organisation are important when involving volunteers Who can and can’t volunteer Where and how to find out more www.rebeccatully.co.uk Getting People Involved

3. www.rebeccatully.co.uk Getting People Involved

4. www.rebeccatully.co.uk Getting People Involved www.rebeccatully.co.uk Getting People Involved

5. Common legal issues affecting volunteers: How can you manage them? The LegislationWhich part affects us as volunteer managers? Things to do/avoid National Minimum Wage Act 1998 If volunteers are seen to be employees, organisation may owe wages. Jobseeker’s Allowance regulations 2002 Volunteers need to be available for work when claiming certain benefits – within one week, and to interview within 48 hrs. Health and Safety at Work act 1974 Those not employees but affected by organisations’ activities should be given information by organisation about health and safety. Common Law ‘Duty of Care’ A duty to take reasonable care to avoid causing harm to others: so organisations have this duty towards volunteers Immigration, Asylum and Nationality Act 2006 Criminal offence to employ a person who does not have the right to work in the UK www.rebeccatully.co.uk Getting People Involved

6. A volunteer… Has no employment rights Does not receive ‘consideration’ Has no obligation to continue – and the organisation has no obligation to provide a role A contract has not been created: verbally, in writing, in practice, with express or implied terms www.rebeccatully.co.uk Getting People Involved

7. What can create a contract? An obligation to continue An obligation to certain working hours Payment – money or perks References to employment– grievance procedures, leave requests etc www.rebeccatully.co.uk Getting People Involved

8. A Volunteer Agreement: Sets out what the organisation intends to do; and what it expects from volunteers A number of brief statements about responsibilities Short document (not too much detail) Enables volunteer and organisation to be clear about roles Acts as a reference point for good practice Doesn’t need to be signed. www.rebeccatully.co.uk Getting People Involved

9. Reaching Agreement Together Share legal information with the whole organisation: all communication matters Agreement is a process: part of a set of documents involving all staff and volunteers Focus on expectations, responsibilities, and hopes of both parties Make sure normal practice doesn’t contradict the agreement www.rebeccatully.co.uk Getting People Involved

10. Reaching Agreement Together Share legal information with the whole organisation: all communication matters Agreement is a process: part of a set of documents involving all staff and volunteers Focus on expectations, responsibilities, and hopes of both parties Make sure normal practice doesn’t contradict the agreement www.rebeccatully.co.uk Getting People Involved

11. Who Can Volunteer? A ten year old Someone receiving incapacity benefit Someone receiving Jobseekers Allowance Someone seeking asylum in the UK Someone visiting the UK from outside Europe with a visitor visa Someone with a student visa studying in the UK www.rebeccatully.co.uk Getting People Involved

12. YOU can volunteer! Family Volunteering Opportunities: activity days, tasks that adults can dip in and out of Clarify situation: for staff, within your policies, in your publicity and adverts Develop both informal and formal ways of being involved Focus on reducing the (already low) risk of mistakes, while encouraging all comers www.rebeccatully.co.uk Getting People Involved

13. While receiving a state benefit: “There are no limits on the amount of time you can volunteer for, nor any restrictions on the types of organisation you can volunteer for. The only requirement is that you continue to meet the conditions of the benefit or tax credit you are receiving.” www.direct.gov.uk While seeking Asylum: “Asylum seekers are allowed to volunteer. as long as they are carrying out the work on behalf of a registered charity, voluntary organisation or body that raises funds for either. Recently UPDATED www.refugee-action.org.uk www.ukba.homeoffice.gov.uk www.rebeccatully.co.uk Getting People Involved

14. Common Law ‘Duty of Care’ A duty to take reasonable care to avoid causing harm to others Steps should be taken to ensure that the likelihood and potential seriousness of injury to volunteers is reduced: giving volunteers adequate information training the use of safety clothing or equipment closer supervision www.rebeccatully.co.uk Getting People Involved

15. Volunteers and the Law – One Day Course The differences between an employment contract and a volunteer agreement. How involving volunteers is affected by benefits, immigration law and the national minimum wage. The responsibilities of the organisation in keeping volunteers safe, and in keeping the organisation safe. Appropriate rewards and provision for volunteers Why the actions of the whole organisation are important when involving volunteers This and other courses/facilitation for your organisation or group. rebecca@rebeccatully.co.ukrebecca@rebeccatully.co.uk www.rebeccatully.co.uk Getting People Involved