Could your volunteers be counted as workers?

In Groom v Maritime and Coastguard Agency the Employment Appeal Tribunal (EAT) has found that a volunteer was in fact a worker, and consequently had some employment law rights. 

The facts

Mr Groom was a volunteer and was subject to the Volunteer Handbook and the Code of Conduct. There was an expectation on volunteers to attend training and maintain a reasonable level of incident attendance. Volunteers were able to claim for “compensation for any disruption to your personal life and employment”, which was calculated with reference to an hourly rate, although in practice volunteers tended not to make any claims. 

The EAT’s decision

The EAT concluded that Mr Groom was a worker because there was mutuality of obligation:

• There was a requirement on him to undertake the volunteer activities; and
• He was entitled to be paid for those volunteer activities. 

Key takeaways

The EAT’s decision gives some helpful reminders about engaging with volunteers:

1. The use of the word “volunteer” in documentation is not determinative; a court or tribunal can and will look at the actual working arrangements;
2. A court or tribunal will not be bound by an HMRC decision that volunteers are not workers;
3. Payment of anything over and above actual expenses incurred can result in a finding of worker status; and
4. A requirement to attend certain activities or a minimum number of volunteering sessions can result in a finding of worker status.

In light of this decision, charities should look closely at the volunteer agreements and their practices relating to volunteers, particularly where there is payment beyond expenses, or where there are minimum expectations on undertaking voluntary activities. 

We can assist in reviewing volunteer agreements and assessing employment and worker status risk. Please contact Harriet Broughton for further details.