If you volunteer as a trustee, help out in a shop or do other volunteering, it’s helpful to be clear on your status.
Scotland has around 1.2 million charity volunteers, over a quarter of the population. Unfortunately, the line between paid employees and volunteers can easily become blurred, either at the start of a volunteering relationship or during it.
When this happens, volunteers may find themselves put under pressure to carry out tasks or work at certain times. Charities may consequently make themselves vulnerable to claims for backdated national minimum wage, holiday pay, unfair dismissal, statutory sick pay, and redundancy payments, among other costs.
The danger areas
Most charities think they are clear on the difference between volunteers and their employees: volunteers do not have employment contracts and they do not get paid.
This is correct, but on both counts the rules may be less clear cut than you think.
First, an employment contract does not have to be written, so volunteers need not have anything in writing to claim employees’ or workers’ rights. Questions about their employment status can arise when charities require them to do tasks, imply there will be consequences if they fail to do them, or talk about ‘duties’ or ‘job descriptions’.
Second, charities that are too generous or relaxed about offering volunteers expenses may put themselves at risk. For example, a charity that routinely give £5 or £10 for travel to a volunteer who lives just round the corner could be seen to pay them.
Volunteer agreements
An effective way to maximise clarity over volunteers’ status is to have a written volunteer agreement - note the word ‘agreement’ rather than ‘contract’. This should:
- set out what the charity hopes for from volunteers – for example, in terms of time commitments and behaviour - rather than what it requires.
- be clear on expenses arrangements.
In addition, a good volunteer agreement can protect charities and their volunteers by covering other elements:
- data protection
- health and safety obligations
- vetting arrangements if volunteers work with children or vulnerable adults
- processes to follow if volunteers have issues or complaints.
For everyone – charities, beneficiaries, volunteers and trustees – it’s better if there is clarity around what volunteers do – or don’t do.
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