The Legal Status of Volunteers

VolunteersYour charity could get into legal problems if you don’t clearly distinguish between its paid staff and volunteers.  It’s possible for volunteers to claim they have the same rights as employees, including claiming unfair dismissal for example.

A written role description for your volunteers can help make it clear what the boundaries and expectations are.  It’s important that the role description could not be confused with an employment contract or job description.  For example it must not require volunteers to work particular hours.

Insurance to cover volunteers

Make sure your charity’s insurance covers your volunteers.  Even if your charity doesn’t employ staff, you may still decide to take out employers’ liability cover for volunteers.

Check whether your insurance policy:

  • includes volunteers
  • covers the activities volunteers will be doing
  • states any age limits for volunteers

Expenses for volunteers

Volunteers aren’t paid for their time but should be paid for any out-of-pocket expenses. These expenses could include:

  • travel
  • postage and telephone costs if working from home
  • essential equipment, such as protective clothing

Volunteers should provide receipts for any expenses they incur.

If a volunteer receives any type of reward or payment other than expenses, they may see this as a salary and they could be classed as an employee or worker. This then gives them some employment rights.

Criminal records checks

If your volunteers will be working with children or vulnerable adults, by law you can get a Disclosure and Barring Service check (DBS, formerly the Criminal Records Bureau) on them.

The DBS will search police records to identify people who are unsuitable for certain types of work, especially work involving children and vulnerable adults.

DBS checks are free for volunteers.

Charities and Insurance

insurance collageBy law, you have a duty of care to protect your charity’s assets and resources. Depending on what your charity does, you can buy insurance to protect its money, property and reputation. 

Examples of types of insurance that might be needed to cover a charity’s property against loss or damage are: 

  • buildings insurance
  • contents insurance
  • event insurance

Examples of types of insurance that might be needed to cover against a charity’s third party liabilities are:

  • professional indemnity insurance
  • public liability insurance

Charities that employ staff are required by law to buy employers’ liability insurance. Charities that own or operate motor vehicles are required by law to buy motor insurance.

For insurance purposes, charities are advised to treat volunteers in the same way as they do their employees and to ensure that they are covered by the usual types of insurance a charity might buy, such as employers’ liability or public liability cover.

More details can be found here, and here