Charities—employment law

Volunteers

Generally an individual is understood to be a volunteer if they are not obliged to work but agree to perform work for which they are not paid. Without consideration there can be no contract (whether as an employee or as a worker). However, they may be reimbursed expenses that they have genuinely incurred with losing their status as a volunteer. As a volunteer an individual can come and go as they please.

Before taking on a volunteer there may be a number of issues to consider including whether criminal record and/or immigration checks should be undertaken.

There is no requirement to have an agreement with a volunteer. However, the existence of an agreement between a volunteer and an organisation does not automatically mean that it amounts to a contract of employment. A volunteer agreement can, however, be useful for the purposes of setting out what an organisation will provide and what it expects of its volunteers.

See Practice Note: Volunteers.

Employee handbooks

Certain aspects of the employment relationship have to be covered by a written statement of particulars of employment that is given to the employee.

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