This week is Volunteers’ Week in the UK, an annual campaign to celebrate and recognise the contributions of volunteers. Many organisations engage volunteers as a flexible additional resource and to save costs. But taking on a volunteer can prove expensive if the relationship is not properly managed. Here are some key points for businesses to be aware of.

Watch out for employment status

Be careful not to accidentally give a volunteer employment rights. If the way you treat a volunteer starts to look like an employment relationship – such as expecting them to do set hours, meet performance targets, or paying them more than expenses – they could be seen as a worker or employee under the law.

In the recent case of Groom v Maritime and Coastguard Agency the Employment Appeal Tribunal held that a ‘volunteer’ coastguard was a worker during periods when he was carrying-out duties for which he was entitled to claim payment (over and above actual expenses). At that point there was a contract in place. It was irrelevant that Mr Groom had to apply for the remuneration (or that other volunteers hadn’t made claims for payment). This was no more than a payment mechanism and had no impact on his status. If a volunteer receives payments, even if labelled as expenses or small thank-you payments, this can tip the balance and create a worker relationship.

Similarly, requiring attendance at training or incidents, or using formal processes like disciplinary hearings, could suggest mutual obligations – another feature of employment.

To stay on the right side of the law:

  • keep volunteer roles genuinely flexible;
  • avoid paying anything more than out-of-pocket expenses;
  • don’t require specific hours or tasks – instead, set out ‘reasonable expectations’;
  • use informal language in volunteer agreements; and
  • avoid formal processes like appraisals or warnings.

Always consider how the relationship looks in practice. Even if your documents call someone a volunteer, tribunals will look at what actually happens day to day.

Be aware of the legal obligations which do exist

Even if someone is a genuine volunteer, your organisation still has legal responsibilities.

  • DBS Checks

    If a volunteer will be working with children or vulnerable adults, an enhanced DBS check (or Disclosure Scotland check) is still required even though they’re unpaid. These checks are free, but only if the volunteer meets the legal definition (e.g. they receive no payment except expenses and are not training for a paid role).

  • Health and Safety

    You must take reasonable steps to protect volunteers from health and safety risks. This includes: providing clear safety information; offering relevant training; supplying any necessary protective equipment; supervising volunteers as needed.

Guidance from the Health and Safety Executive stresses that while volunteers aren’t employees, they must still be kept safe. More details are available at hse.gov.uk/voluntary.

You should make sure that risk assessments include volunteer roles; make sure insurance policies (especially public liability) cover volunteers; and keep clear records of who’s volunteering and their role description.

Volunteer Agreements

There’s no legal requirement to have a written agreement with a volunteer. They are sometimes a bit risky as if poorly worded, it could support a claim to employment rights.

However, a well-drafted agreement can clarify expectations and reduce risks around employment status. Here are some top tips if you are thinking of introducing one:

  • Outline tasks, support available, and any training provided.
  • Refer to ‘reasonable expectations’, not obligations.
  • Use flexible language like ‘suggested’ or ‘we hope’, not ‘must’ or ‘required’.
  • Avoid legal terms like ‘contract’ or ‘pay’. Use the word ‘reimbursement’ for expenses.
  • Include a clear statement that it’s not a contract and does not create employment rights.
  • Allow either side to end the arrangement at any time, with no notice.
  • Signpost relevant policies (e.g. health and safety, confidentiality, expenses).

Handled carefully, a simple agreement can help manage the relationship without increasing legal risk.

Final thoughts

Volunteers’ Week is an opportunity to celebrate the real value that volunteers can bring to an organisation – offering skills, time, and energy. But their value to the organisation can quickly be undermined if the legal relationship isn’t properly managed. With a little care and attention to structure, expectations, and safeguards, you can create a rewarding experience for both sides while staying on the right side of the law.