As National Volunteer Week approaches, we celebrate the selfless contribution of volunteers all over the country. However, whether you are a charity, a non-profit, a business or an individual, understanding the legal context of volunteering is essential. Here is what to watch out for:
Distinguish volunteers from employees:
One of the common pitfalls is the misclassification of volunteers as employees. Volunteers are not employees, and therefore they should not be bound by a contract that requires them to perform work in exchange for remuneration or regular benefits. Volunteers may receive reimbursement for actual expenses (e.g. travel), but any fixed payment could create an employment relationship, with all the associated rights (e.g. minimum wage)
Using a clear ‘Volunteer Agreement’ rather than a contract of employment will help distinguish between the role of a volunteer and an employee.
Health and Safety Responsibilities:
Under the Health and Safety at Work Act 1974, organisations have a duty of care to ensure, so far as reasonably practicable, the safety of anyone affected by their activities, and this includes volunteers. Therefore, conducting a risk assessment before engaging volunteers, providing appropriate training or PPE, or providing the relevant supervision can all be important to meet legal obligations imposed on organisations.
It’s essential that organisations treat volunteers with the same level of care that they would treat other staff with when it comes to safety.
Safeguarding and Background Checks:
Volunteers are not exempt from safeguarding standards. Where a volunteer may be working with children or vulnerable adults, safeguarding procedures must be followed. Depending on the volunteer’s role, a DBS check may also be required.
Having a clear safeguarding policy can assist organisations with ensuring that the relevant procedures are followed.
Inclusion and Equality:
Creating an inclusive environment for volunteers isn’t just a matter of good practice, it reflects the organisation’s values. Ensuring a fair recruitment process of volunteers, fostering an inclusive culture, and making reasonable adjustments for disabled volunteers is essential. All volunteers should be protected from harassment and bullying, so make it clear that offensive language or behaviour will not be tolerated.
Promoting equality and diversity in your volunteer programme isn’t just the right thing to do - it also reduces reputational and legal risks.
Data Protection and Confidentiality:
Lastly, volunteers may handle sensitive information while carrying out their volunteering duties. Organisations can take steps to ensure the safe handling of sensitive data.
For example, only providing access to the data necessary for the role, providing training on data handling, or even signing a confidentiality agreement with a volunteer where appropriate may help with meeting data protection requirements.
Volunteering brings great social value, but it’s important to remember that legal obligations still apply, even when money doesn’t change hands. We can help organisations or individuals navigate these issues, from drafting volunteer agreements to advising on compliance.
If you have any questions, please contact Khalid Sofi at khalid.sofi@lbmw.com or Anna Ratkai at anna.ratkai@lbmw.com