Are volunteers for a charity ‘workers’ with rights?
Possibly! A recent case has highlighted that under certain circumstances, volunteers may indeed be considered workers with rights. This is particularly relevant when a volunteer is entitled to receive pay for their activities and is required to carry out specific tasks.
Case study: Coastal Rescue Service volunteer
In this case, a Coastal Rescue Service volunteer argued that he was a worker. While workers have fewer rights than employees and cannot bring unfair dismissal claims, they are entitled to:
- Paid holidays
- The right to rest breaks
- The national minimum wage
The Coastal Rescue Service viewed the individual as a volunteer, governed by a volunteer handbook. However, the court found that a worker contract was established when the volunteer attended an activity for which he had the right to receive pay. Additionally, the volunteer was required to attend training and participate in a minimum number of rescue incidents each year. The necessity to perform these services personally led the court to conclude that he was, in fact, a worker.
What this could mean for your charity?
This case, decided on its specific facts, serves as a crucial reminder for charities to review the requirements they place on their volunteers and their pay arrangements. Ensuring clarity in these areas can help determine whether volunteers might be considered workers under similar circumstances.
Next steps
If you have any queries or need assistance with a similar situation, please get in touch with Sarah Furness.
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