1. Volunteers and the Law
Example Training Slides
Check out updated Home
Office Guidance: Asylum
Seekers Slide 13
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2. Volunteers and the Law
• Key laws affecting volunteer
management: a brief overview
• Differences between an employment
contract and a volunteer agreement.
• Why the actions of the whole
organisation are important when
involving volunteers
• Who can and can’t volunteer
• Where and how to find out more
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6. Common legal issues affecting
volunteers: How can you manage them?
The Legislation Which part affects us as volunteer
managers?
Things to do/avoid
National Minimum
Wage Act 1998
If volunteers are seen to be
employees, organisation may owe
wages.
Jobseeker’s Allowance
regulations 2002
Volunteers need to be available for
work when claiming certain benefits
– within one week, and to interview
within 48 hrs.
Health and Safety at
Work act 1974
Those not employees but affected
by organisations’ activities should
be given information by
organisation about health and
safety.
Common Law ‘Duty of
Care’
A duty to take reasonable care to
avoid causing harm to others: so
organisations have this duty
towards volunteers
Immigration, Asylum
and Nationality Act
2006
Criminal offence to employ a person
who does not have the right to work
in the UK
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7. A volunteer…
• Has no employment rights
• Does not receive ‘consideration’
• Has no obligation to continue –
and the organisation has no
obligation to provide a role
• A contract has not been created:
verbally, in writing, in practice, with
express or implied terms
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8. What can create a
contract?
• An obligation to continue
• An obligation to certain working
hours
• Payment – money or perks
• References to employment–
grievance procedures, leave
requests etc
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9. A Volunteer Agreement:
• Sets out what the organisation intends
to do; and what it expects from
volunteers
• A number of brief statements about
responsibilities
• Short document (not too much detail)
• Enables volunteer and organisation to
be clear about roles
• Acts as a reference point for good
practice
• Doesn’t need to be signed.
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10. Reaching Agreement
Together
• Share legal information with the whole
organisation: all communication matters
• Agreement is a process: part of a set of
documents involving all staff and
volunteers
• Focus on expectations, responsibilities,
and hopes of both parties
• Make sure normal practice doesn’t
contradict the agreement
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11. Who Can Volunteer?
• A ten year old?
• Someone receiving incapacity benefit?
• Someone receiving Jobseekers
Allowance?
• Someone seeking asylum in the UK?
• Someone visiting the UK from outside
Europe with a visitor visa?
• Someone with a student visa studying in
the UK?
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13. YOU can volunteer!
• Family Volunteering Opportunities:
activity days, tasks that adults can dip in
and out of
• Clarify situation: for staff, within your
policies, in your publicity and adverts
• Develop both informal and formal ways
of being involved
• Focus on reducing the (already low) risk
of mistakes, while encouraging all
comers
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14. While receiving a state benefit:
“There are no limits on the amount of time
you can volunteer for, nor any restrictions
on the types of organisation you can
volunteer for. The only requirement is that
you continue to meet the conditions of the
benefit or tax credit you are receiving.”
www.direct.gov.uk
While seeking Asylum:
“Asylum seekers are allowed to volunteer.
as long as they are carrying out the work
on behalf of a registered charity, voluntary
organisation or body that raises funds for
either. Recently UPDATED
www.refugee-action.org.uk
www.ukba.homeoffice.gov.uk
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15. Volunteers and Employment Law
and
Who Can Volunteer
• Two sessions part of a series for anyone
who manages or coordinates volunteers.
• Find out more, including a free pdf and
free online intro at
https://bookwhen.com/volunteersyeah
This and other courses/facilitation for your organisation
or group. rebecca@rebeccatully.co.uk
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