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The distinction between a volunteer and an employee can become unclear when the relationship begins to resemble formal employment, says Paul Kelly, head of the employment law team at Blacks Solicitors
A recent report raised concerns after Waitrose ended a volunteering arrangement with an autistic man who had contributed more than 600 hours of unpaid service, following his request for a few paid hours.
Cases such as this show how the distinction between volunteering and work can become unclear and what businesses must consider.
The law
Volunteers are individuals who offer their time freely, without pay, and without the legal protections afforded to employees. They do not receive minimum wage, holiday pay or protection from unfair dismissal. However, the distinction between a volunteer and an employee can become unclear when the nature of the relationship begins to resemble formal employment. This includes situations where volunteers are expected to work fixed hours, perform duties under supervision or are subject to disciplinary procedures.
Creating a distinction between volunteers and employees
Businesses must tread carefully to avoid inadvertently creating employment relationships with volunteers. If a volunteer is found to be effectively working under employment-like conditions, they may be legally recognised as an employee or worker.
There are multiple things employers are...
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