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The importance of making sure volunteers are actually volunteers
27 November 2009
The volunteering sector is a substantial one. In 2007/08 an estimated total of 1.75 billion volunteer hours were worked during that year. This shows the need for charities to be alert when considering what their legal liabilities are in relation to volunteers.
A recent decision, X v Mid Sussex Citizens’ Advice Bureau, has highlighted the need for charities to remain vigilant when taking on volunteers. In this case the Claimant was disabled within the meaning of the Disability Discrimination Act 1995 (DDA). She argued that upon being asked to leave her voluntary position she was discriminated against contrary to the DDA. The Claimant contended that she should be classified as in ‘employment’ or ‘occupation’ so as to enjoy the protection of the DDA.
However, the case was struck out. It was held that the Claimant was not in employment or in occupation but was a volunteer. It was stated that volunteers are not protected by the DDA and as such the Claimant’s disability discrimination claim could not be heard by the Tribunal.
One of the key findings in the case was that the Claimant was provided with a volunteer agreement stating that it was ‘binding in honour only…and not a contract of employment or legally binding’. The Tribunal relied on this when reaching its conclusion that the Claimant’s status went no further than that of volunteer.
It is important that charities are able to legally distinguish their volunteers from their employees and workers. As a starting point, there should be no legally binding contract, no obligation on any volunteers to provide services and no remuneration payable. The charity will also need to ensure that the reality of its relationship with the volunteer reflects the written agreement since a Tribunal will look beyond what has been agreed in writing when assessing whether the individual is in fact a volunteer, or whether he or she is a worker or employee.
If you would like any further advice about engaging volunteers within your charity, please contact Katharine Holliday on 01223 461155.
