Volunteer rights in employment law. What are an employers obligations when taking on unpaid staff?

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Volunteers and the law

<< News archive October 2009

26th October 2009

With jobs hard to come by and young people, in particular, keen to get decent work experience, some cash-strapped businesses are using volunteers to do jobs they might otherwise have offered to paid employees. By employment law partner, Michael Pitt.

Companies operating in the media, sport and events industries are especially likely to attract volunteers keen to prove to prospective employers that they can do a good job.

The potential for exploitation of this willing workforce is great, as volunteers have few of the legal protections of paid employees. But such poor treatment may not only poison industrial relations within the firm but also the company’s reputation outside.

The best way to avoid any misunderstandings is to draw up a volunteer agreement dealing with matters such as expenses, training, health and safety, liability and insurance, and copyright.

Companies should ensure that volunteers are paid nothing more than out-of-pocket expenses. If this rule is breached – if, for example, the person receives regular expenses payments even when sick or on holiday – the volunteer may be able to claim that he or she actually works for the company and is entitled the national minimum wage and time off.

The only benefit volunteers should receive is training to improve their ability to do the work they are carrying out.

Health and safety training is particularly important. Although much health and safety law applies only to workers and employees, companies do have a duty of care towards volunteers and so should take reasonable steps to reduce the risk of them being injured or falling ill.

Employers should carry out risk assessments and make sure that their existing insurance policies extend to volunteers. Drivers using their own vehicles should inform their insurers of their voluntary activities – though this should not cause their premiums to rise.

Copyright could seem a trivial issue, but it could have enormous implications if volunteers are, for example, writing reports or designing leaflets for the firm.

While copyright normally belongs to the person who creates the work, copyright law says that material produced by employees belongs to their employer. It does not mention volunteers, though.

Companies should therefore ask volunteers to transfer copyright to them or agree a licence giving the business the right to use the work within agreed limits.

Following these few basic rules should help to ensure that volunteering remains a positive experience both for the volunteer and the company involved.

Pearson Hinchliffe Commercial Law are able to advise you on employment law matters, especially using volunteers and other unpaid staff.