Volunteers and the Law Example Training Slides Check out updated Home Office Guidance: Asylum...

Volunteers and the LawExample Training Slides

Check out updated Home Office Guidance: Asylum Seekers

Slide 13

www.rebeccatully.co.uk

www.rebeccatully.co.ukGetting People Involved

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


www.rebeccatully.co.ukGetting People Involvedwww.rebeccatully.co.ukGetting People Involved

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


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


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


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.


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


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


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


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.ukwww.ukba.homeoffice.gov.uk


http://www.direct.gov.uk/

http://www.refugee-action.org.uk/



http://www.ukba.homeoffice.gov.uk/

Common Law ‘Duty of Care’

A duty to take reasonable care to avoid causing harm to others

Steps should be taken to ensure that the likelihood and potential seriousness of injury to volunteers is reduced:

• giving volunteers adequate information• training• the use of safety clothing or equipment• closer supervision


Volunteers and the Law – One Day Course

• The differences between an employment contract and a volunteer agreement.

• How involving volunteers is affected by benefits, immigration law and the national minimum wage.

• The responsibilities of the organisation in keeping volunteers safe, and in keeping the organisation safe.

• Appropriate rewards and provision for volunteers

• Why the actions of the whole organisation are important when involving volunteers

This and other courses/facilitation for your organisation or group. [email protected]


mailto:[email protected]

Volunteers and the Law Example Training Slides Check out updated Home Office Guidance: Asylum...

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Transcript of Volunteers and the Law Example Training Slides Check out updated Home Office Guidance: Asylum...