Speakers at CFG's Annual Conference 2012

1. HR and Volunteers
Stephen Peck
Operations Director – The Scout Association
Hira Choudhury
Managing Director - Unity Insurance Services

2. The Scout Association
• Largest co-educational youth organisation
• 400,000 young people aged 6 to 25
• Growing at 3% per year
• Especially 14-18 year olds (7%)
• 120,000 adult volunteers (and growing)
• 8,500 local groups
• Staff to beneficiary ratio of 1:2080
• Turnover £24m including subsidiaries

3. Volunteer roles
• Youth and Children‟s workers
• Managers
• Trustees
• Support roles
• Bigger “workforce” than M&S, BBC or McDonald‟s
• More volunteers than the Olympics (every week!)

4. Issues
• Disputes between volunteers
• Complaints from “customers”
• Threat of litigation
• Not following rules
• Local interpretation of rules
• Volunteers managing employees

5. Causes of volunteer disputes -
wider trends seen
• Volunteer asked to stop volunteering
• Volunteer injury claim – dissatisfaction with outcome
• Volunteer negligence causes injury to someone
• Disputes between volunteers
• All these can result in a grievance
• Leading to a threat of litigation by the volunteer

6. What statutory rights do
volunteers have?
• Legal status of a person determines their statutory employment rights
• If no „employment status‟ - not eligible for „protection‟
• Fundamental is a Contract of Service
o Offer & acceptance
o Consideration
o Intention to create legal relations
• But a volunteer‟s legal status is not always clear cut

7. Armitage vs. National Relate
1994
• Applied to be a Volunteer counsellor but unsuccessful
• Discrimination claim brought successfully based on:
o A requirement to work a minimum amount of hours
o A requirement to repay training costs if she left earlier
o The training could lead to paid work
• Mutuality of obligations & consideration did exist
• This amounted to a contract of employment
• Tribunal allowed discrimination claim to be heard

8. Chaudri vs. Migrant Advisory
Service 1997
• Volunteer‟s role terminated - sexual discrimination claimed
• Expenses paid but not incurred - regarded as „consideration‟
• Regular payment during holiday & sick - regarded as wages
• Hence role as a volunteer was infact employment and entitled to
pursue her claim for discrimination

9. Murray vs. Newham Citizens
Advice Bureau (CAB) 2000
• Declined for voluntary adviser post. Discrimination claim brought
• Required to volunteer at set times and for minimum periods
• CAB undertook to repay expenses & provide training in return
• This amounted to consideration and mutuality of obligation
• Hence a contract of employment
• Tribunal allowed discrimination case to proceed

10. South East Sheffield CAB vs.
Grayson 2003
• Mrs Grayson brought a disability discrimination claim
• Original Tribunal found volunteers were „employed‟
• CAB appealed with a robust defence:
o Expectations not obligations - Language not of a contract
o No sanction if minimum hours were not worked
o An “if” contract does not mean contractual obligations
o Request for notice is a reasonable expectation
• Appeals Tribunal concluded volunteers did not have any contractual
obligations and thus not in employment
• Mrs Grayson was therefore not entitled to bring her claim

11. Breakell vs. Shropshire Army
Cadet Force 2010
• A cadet force volunteer‟s work stopped – disability discrimination
complaint brought
• Key argument – was paid allowance for loss of earnings on days
worked and hence „employed‟
• However Judge concluded he was not in employment:
o No obligation for the organisation to provide work
o No obligation for him to accept work offered
o Hence no mutual obligations & no contract of employment
o Not entitled to claim for discrimination

12. X vs. Mid Sussex CAB 2011
• Disability discrimination claim brought
• Based on volunteering being a facility for future paid employment &
a deemed as “work placement”
• The court of Appeal rejected this on the basis:
o Any future paid employment was merely a bi- product
o The volunteering was not for a limited period & nor for sole
purpose of training – hence not a work placement
o Therefore no contract of employment, no right to claim
o Case referred to the Supreme Court for hearing in 2012

13. In Summary – factors affecting
volunteers’ rights to claim
• There must be „Consideration‟ before a contract can be binding
• Intention to create legal relations
• Mutuality of obligations - both parties “bound” to do something
• Remedy or sanction for breach
• Are expenses paid over and above true costs
• Are there minimum hours commitment
• Must notice be given by volunteer
• Will the volunteering lead to employment

14. The Volunteer Agreement is
crucial - key mitigations
• Inclusion of policy on volunteering & intentions of both parties
• Expression and language used:
o Volunteer agreement not a contract
o Volunteer role description and not a job description
o Arrangements if there is a problem not disciplinary procedures
o Arrangement if there is a problem not grievance procedures
o Expectations and intentions not requirements or obligation
o Re-imbursement of expenses not payment
o Agreement „binding in honour only‟

15. Broader Mitigations
• Clear role descriptions
• Robust appointment process
• Comprehensive induction
• Clear line management
• Clear agreed expectations
• Regular reviews (renew, retire, reassign)
• Comprehensive training
• Time limited commitment

16. Summary
• Volunteers deserve best practice
• Take a professional approach
• Be robust
• Don‟t apologise for being thorough
• Support the managers of volunteers
• Acknowledge their motivation
• Make them feel valued
• Cost v Benefit

17. Any questions?
Stephen Peck
Operations Director – The Scout Association
Hira Choudhury
Managing Director - Unity Insurance Services

18. Contact details for further information:
Stephen Peck
stephen.peck@scouts.org.uk
Hira Choudhury
hira.choudhury@unityins.co.uk