Introduction

Understanding legal boundaries

While volunteers play a key role in the delivery of services and support they are not employees and therefore organisations must be mindful of legal considerations to maintain the volunteer status and avoid unintended employment relationships.

• Avoiding Employment Contracts – To prevent the formation of an employment contract.
• Flexible Commitments: Avoid stipulating fixed hours or obligatory tasks.
• Language Use: Use non-binding language in agreements and communications.
• No Financial Incentives: Refrain from offering perks or benefits that could be construed as compensation. It’s important to note that offering any payment beyond reimbursed expenses, such as honorariums or gifts, can blur the lines between volunteering and employment.

Health and Safety Obligations

Organisations have a duty of care to ensure the health and safety of their volunteers. This includes:

• Risk Assessments: Conducting assessments to identify and mitigate potential hazards.
• Training: Providing appropriate health and safety training relevant to the volunteer role.
• Insurance: Ensuring that volunteers are covered under the organisation’s insurance policies.
• These measures not only protect volunteers but also uphold the organisation’s reputation and legal compliance.

Read more about writing a good Volunteer Agreement or good practice in managing expenses in our dedicated sections or speak to our Chatbot who can give more information.

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