Employment (Business)

Volunteers

Whilst there is no single statutory definition of “volunteer” this definition is generally accepted: “a person engaged in an activity which involves spending time, unpaid (except for travel and other out of pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative”

Whether an individual is a 'volunteer' is important as they may be entitled to certain statutory employment rights if you treat them more like an employee. The legal status of volunteers and interns is not clear cut and it is this ambiguity which makes it difficult for organisations taking on volunteers and interns to appreciate any legal obligations that they may owe them. It is therefore important that a volunteer agreement is in place from the outset, clearly defining each parties’ intentions and obligations.

Generally speaking you should avoid making payments to volunteers that could be construed as wages. Payments to cover actual expenses should be clearly identified as such and ideally reimbursed against receipts. You should remove or, at least minimise perks that could be seen as 'payment'. Avoid using language that makes the arrangement sound contractual and adopt flexible language. Reduce obligations and conditions on the volunteer, giving him or her the freedom to choose tasks. Treat volunteers fairly. Having clear procedures for dealing with problems and grievances should reduce the likelihood of disputes with volunteers.

If you are considering taking on volunteers and would like some advice about their status and to draft a volunteer agreement, please contact our Employment Team.