Mark Restall delivered a training session at AVM 2016 on the basics of volunteers and the law. Covering the basic considerations that volunteer managers need to make when engaging volunteers in their activies.

1. Volunteers and the Law
Mark Restall

3. Aims and limitations
• An overview of key legal issues
• A practical understanding of where problems can arise –
and how to avoid them
• Where to find out more
• But…………
• This is not in any way a substitute for legal advice
• We are cramming a large topic into a small amount of
time

4. The legal position of volunteers
A piecemeal approach – no overall legal status
• Employment law doesn’t apply
• There is no protection from unfair dismissal
• There is no protection from discrimination
• Other law can include volunteers by name or by
implication
• Or include volunteers because they apply to anyone

5. Keeping people safe

6. Health and Safety
• You must take reasonable steps to keep volunteers safe
• Duty of care, Health and Safety at Work Act 1974
• You must risk assess your activities
• Review and revise where necessary
• Health and Safety policy
• Insurance

7. Safeguarding
• You must take reasonable steps to keep volunteers safe
• Duty of care, Health and Safety at Work Act 1974
• You must risk assess your activities
• Review and revise where necessary
• Health and Safety policy
• Insurance

8. Criminal Record Checks
• Disclosure and Barring Service
• Enhanced Disclosure
• Enhanced Disclosure with barred list check
• There are strict rules on who can be checked
• www.gov.uk/find-out-dbs-check

9. Data Protection
• Applies to information held on identifiable living people
• Volunteers should be aware of what you are doing with
information and why
• If you plan to use their information and you don’t think
they’d expect this usage you’ll need their clear consent
• Take reasonable steps to ensure data security

10. Benefit claimants
• Are fully entitled to volunteer
• It must be unpaid
• They must continue to meet
requirements of their benefit
• No hour limits

11. People from overseas
• EU/EEA citizens – can volunteer
• Refugees/Asylum seekers – can volunteer
• Visitors – can volunteer up to 30 days for a registered
charity during their stay
• Other immigration statuses – must be allowed to work (e.g.
students, working holiday makers)

12. Young people
• Check your insurance
• Parental consent
• Risk assess the activity
• Consider safeguarding issues
• Charity shops and ‘activities
carried out for profit

13. Avoiding a legal relationship
• Volunteers could claim employment status and therefore
employment rights – e.g. access to minimum wage
• Employment relationship is a contractual relationship
• Consideration, intent, offer & acceptance
• Expenses, not income
• Expectations, not obligations

14. Thank you!
restallmark@gmail.com
Legal updates from Sandy
Adirondack:
www.sandy-a.co.uk
Online resource coming soon
(and further guidance):
www.ncvo.org.uk