3 legal pitfalls of volunteers in the workplace

Volunteers can be a valuable addition to the workplace – bringing flexibility, community engagement and cost-effective support. But if the relationship isn’t handled with care, you may open yourself up to unexpected legal liabilities.

Here are some key points HR professionals need to keep in mind when engaging volunteers:

1. Volunteer, or employee?

One of the most common legal pitfalls for employers is unintentionally creating employment rights. If a volunteer is treated too much like a regular employee – for example, being given fixed hours, performance targets, or anything beyond genuine out-of-pocket expenses – a tribunal may decide they are a worker or even an employee.

In Groom v Maritime and Coastguard Agency, the Employment Appeal Tribunal ruled that a volunteer coastguard became a ‘worker’ during periods where he could claim payments that went beyond expenses. The fact that he had to apply for this payment did not affect the outcome – the arrangement had the key ingredients of a contract. This case is a clear reminder that even small, well-intentioned payments can tip the balance and create employment rights.

Other practices that could suggest employment status include mandatory training, requiring attendance at events, or using formal disciplinary procedures – all of which may imply mutual obligations typical of employment.

How to minimise risk

• Ensure volunteer roles are clearly optional and flexible.
• Reimburse only actual expenses – avoid any form of additional payment.
• Use language that sets out expectations, not requirements.
• Keep documentation informal and avoid corporate HR processes.

Remember, tribunals will look at the reality of the relationship, not just what your paperwork says.

2. Legal rules still apply

Even if someone is a genuine volunteer, certain legal duties remain:

• DBS checks may still be required for volunteers working with vulnerable groups. These checks are free but only apply if the individual meets strict criteria (e.g. no payment, not in training for a paid job).
• Health and safety laws also apply. You must provide a safe environment, appropriate training, and necessary equipment. The Health and Safety Executive’s guidance emphasises that volunteers, while not employees, must still be protected from foreseeable risks. Make sure volunteer roles are included in risk assessments, that your insurance covers volunteers, and that you maintain up-to-date records of their involvement.

3. Volunteer Agreements

While not a legal requirement, a well-constructed volunteer agreement can be a useful tool. However, poor drafting can create legal problems – especially if it starts to resemble a contract of employment.

When drafting an agreement:

• Clearly outline the tasks and support available.
• Use soft, non-binding language (‘we hope’, ‘suggested’) rather than obligations.
• Avoid legal terms like ‘contract’ or ‘pay’ – stick to ‘reimbursement’ for expenses.
• Make clear that the arrangement can be ended at any time by either party.
• Include references to key policies, like health and safety or confidentiality.

Handled thoughtfully, a volunteer agreement can support a productive relationship while keeping legal risk in check.

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