In the voluntary sector it is common for organisations to manage both paid employees and volunteers to carry out the work of the organisation. However, the difference between these two statuses is important. In fact, great care should be taken to avoid a volunteer falling into the category of contractual employment.
Employees are entitled to a variety employment rights, including paid holidays and protection from discrimination, whereas a volunteer does not enjoy any of these rights. Unless the distinction is made explicitly clear, there is a danger that a volunteer could claim employee status, and therefore demand workers’ rights, such as being paid the National Minimum Wage.
Having a volunteer agreement in place is a useful way to clarify the status of the volunteer.
What is a volunteer agreement?
A volunteer agreement is a document outlining the role of the volunteer and their relationship with the organisation.
Since employment contracts can be verbal, there is a risk that a volunteer could claim entitlement to employment rights, even without a written contract of employment. The wording of a volunteer agreement is therefore critical for avoiding any confusion.
Below are some considerations for what to include in a volunteer agreement, as well as what not to include. We will start with what not to include, since in many ways, this is the more important factor. The contents of this article do not constitute legal advice and are provided for general information purposes only.
What not to include in a volunteer agreement
Contractual obligations
In order to distinguish between an employee and a volunteer, a volunteer agreement must not allude to any contractual obligations for either party. The relationship must be informal, with participation from the volunteer being entirely optional. Wording should therefore steer clear of an indication of duty or responsibility.
Although some training may be necessary to the post, it is important that there is no requirement for the volunteer to attend. Attendance to training, as to all other tasks, must be voluntary, so instead the benefits of the training should be highlighted to encourage attendance.
It should also be noted that when it comes to a volunteer, there can be no contractual agreement in place with a third party whereby the volunteer is personally responsible for completing a task for a client. This would constitute an obligation on the volunteer, thereby equating them with an employee.
Fixed working hours
Since the relationship is casual, there should be not fixed working hours defined. Instead, working hours could be suggested. The duration of the volunteers’ time with the organisation should be open-ended, although it could be emphasised that a longer term relationship would be beneficial to both parties.
Remuneration of any kind
If a volunteer can demonstrate receiving any form of payment in association with their volunteering, this could be used as evidence to suggest an employment status. Expenses that are reimbursed should only be out-of-pocket expenses, rather than a fixed monthly sum that could be higher than the expenses paid out. This is to safeguard against expense repayments being interpreted as any form of income.
Perks that could be seen as payment in kind
Perks and benefits to the volunteer should also be reduced or avoided, aside from those that are necessary to the job. For example, whilst some training will be essential to the role they are performing, offering additional training in other unrelated areas could be seen as a “consideration”.
What to include in a volunteer agreement
Description of the role
The volunteer agreement can lay out information about what the volunteer’s role will be, the type of tasks they will be carrying out and so on. Attention should be paid to use informal terms throughout, without mention of “job”, “work”, “employee”, to avoid any misinterpretations.
“Reasonable expectations”
Being careful to avoid any language that implies obligation or requirement, the volunteer agreement should cover “reasonable expectations” of a volunteer instead. For example, the volunteer will be expected to generally adhere to the policies and procedures of the organisation, in areas such as confidentiality, equal opportunities, giving notice of absence, and so on.
A preferred working schedule may also be agreed on. However, there should be no implication of the volunteer being committed to any of the above.
Details about supervision and support
Information about who the volunteer’s supervisor will be, as a person within the organisation who will be supporting the volunteer in their role.
Training
The organisation will typically offer a full induction, as well as any other training that is essential to the volunteer’s role. However, there should be no obligation to attend, only an expectation.
Reimbursement of expenses
Any reasonable expenses can be covered without implying a contractual obligation. For example if the volunteer has purchased materials on behalf of the organisation. However, they should always keep receipts as evidence of any expenses.
Health and safety
Health and safety is the one legal obligation that the organisation is responsible for when taking on a volunteer. Risk assessments should be completed of their work to ensure the organisation is doing all they can to keep the volunteer safe whilst carrying out activities.
Volunteer insurance
The organisation will typically provide insurance cover for all their volunteers, and this would be detailed in the agreement.
If you are unsure about how to go about writing your own volunteer agreement, a volunteer agreement template may help you flesh out the details required. Or if you would like further help in writing your volunteer agreement, you can get in touch for details on our fixed-fee document drafting service.
The contents of this article do not constitute legal advice and are provided for general information purposes only.
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