It may not be as straightforward as you think.
When is a volunteer not really a volunteer? When might they be considered a worker under employment law?
The Court of Appeal will consider this later this year in the case of Coastal Rescue Officer Mr Groom.
Mr Groom volunteered for many years with the Coastal Rescue Service (CRS). The relationship broke down after he faced disciplinary action and requested a trade union representative. CRS refused, saying that right only applied if he was a worker. The case eventually reached the Employment Appeal Tribunal (EAT).
Not the label that matters
It is a common misconception that “volunteer status” exists in law. What matters is the legal status, not the title.
Depending on the specific arrangement, someone called a “volunteer” could, in law, be treated as a:
- Worker
- Employee
Both statuses come with employee rights and employer responsibilities, including:
- Minimum wage
- Paid holiday entitlement
Check the Reality of the Arrangement
One defining feature of a worker is working under a contract.
In this case, CRS argued there was no contract. Its volunteer handbook stated:
“A voluntary two-way commitment where no contract of employment exists.”
The EAT looked at the practical reality:
- Mr Groom had a Volunteer Agreement specifying:
- Minimum attendance at training and incidents
- Expectations to uphold CRS’ professional reputation
- Payment was available for some activities:
- Volunteers could submit monthly claims for costs or disruption caused by volunteering
- Submitting claims was optional; some chose not to claim
The tribunal noted that this payment arrangement created a contractual obligation for the activities for which payment was made.
Take-away message
The EAT ruled:
“The only proper construction of the documents is that a contract comes into existence when a [volunteer] attends an activity in respect of which there is a right to remuneration.”
- Implication: Mr Groom is a worker for activities that were paid.
- Not all volunteering is affected: Unpaid activities still need separate consideration.
Key point for organisations: Anyone using volunteers, interns, or offering work experience should review arrangements carefully to avoid inadvertently creating worker or employee status. The Court of Appeal decision will be critical.
