Volunteers and employment status

Employment status is critical because it determines what rights an individual has. In law, there are three main categories: employees, workers and the genuinely self-employed. Volunteers usually fall outside these categories because they do not work in return for pay.

Status is always decided on the facts, not the label used by the organisation. Tribunals look at how the relationship operates in practice, particularly whether there is a requirement to perform work personally, and whether there is a payment in return – often described as the “wage–work bargain”.

Volunteers will not normally be employees or workers if they carry out activities with no expectation of payment. However, recent case law shows that the position can become more complicated where volunteers receive payments beyond basic expenses.

In Maritime and Coastguard Agency v Groom, the Court of Appeal considered whether a volunteer coastguard qualified as a worker. Although Mr Groom could choose whether to attend callouts, when he did attend, he was subject to instructions and training requirements. Importantly, for certain activities he was entitled to claim a payment for his time, not just expenses.

The Court of Appeal held that, each time Mr Groom carried out a paid activity, a contract arose. During those periods there was a wage–work bargain: he provided work personally and the organisation was obliged to pay. This was enough to create worker status for those activities, even though there was no overall umbrella worker contract.

Key takeaway

Calling someone a “volunteer” is not decisive. If volunteers receive payment for their time – even occasionally – they may acquire worker status and associated rights. Volunteer arrangements should be reviewed carefully to ensure they do not unintentionally cross that line.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

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