Volunteers and employment status

In law, there are three main categories of employment status – employees, workers and the genuinely self-employed. Your employment status determines what rights you have.

Volunteers usually fall outside these 3 categories because they don’t get paid. However, recent case law shows that the position can become more complicated where volunteers receive payments beyond basic expenses.

How is employment status decided?

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”.

Maritime and Coastguard Agency v Groom

In Maritime and Coastguard Agency v Groom, the Court of Appeal considered whether a volunteer coastguard qualified as a worker rather than a volunteer.

Mr Groom could choose whether to attend callouts, but 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 because 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.

Calling someone a “volunteer” is not enough

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 don’t unintentionally cross that line.

Further reading

• Employment status and employment rights: guidance for HR professionals, legal professionals and other groups – GOV.UK
• Understanding UK employment status – Hunter Law

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