To help our charity clients look to the future, we summarise key guidance and updates over the last week.
Our experienced team of solicitors can offer support and advice on all aspects of volunteer management and the legal relationship between organisations and volunteers.
Many organisations rely on the help of volunteers and while it may seem that there is no legal relationship, it is often not that simple. At Anthony Collins Solicitors, we work with organisations to advise them on all aspects of organisational management of volunteers. While volunteers will not have a contract of employment, it is important that volunteer arrangements are in place to ensure that the relationship and expectations are defined and recorded and a clear instruction is drawn between volunteer and employees.
There are certain circumstances where the line between being a volunteer and an employee can be easily crossed, such as:
- Volunteers are often reimbursed for expenses and are provided with training to enable them to fulfil their volunteering duties. However, if payments to volunteers become regular or if non-essential training is provided, such payments and training can be interpreted as income and can potentially create a contract.
- If the demands on the volunteer are inflexible and there becomes an obligation on them to perform duties, this can indicate an employee relationship.
It is when these lines are crossed that organisations can be vulnerable to claims from volunteers. It is imperative that organisations safeguard themselves in relation to volunteer management.
How we can help you with the laws surrounding managing volunteers
At Anthony Collins Solicitors, we have extensive experience of working within the voluntary sector. We use this sector knowledge and our experience to work in partnership with our clients to ensure they are aware of their legal expectations toward volunteers and can advise on all aspects of volunteers management, including:
- Drafting and implementing volunteer arrangements to clearly outline the relationship between the organisation and the volunteer.
- Volunteer health and safety requirements - ensuring risk assessments are undertaken and that volunteers are aware of the organisation's health and safety policies and procedures.
- Procedures for ensuring appropriate DBS checks are undertaken for volunteers working with vulnerable adults or children.
- Drafting and implementing volunteer policies and procedures.
- Drafting and implementing policies and procedures dealing with volunteers liabilities for their actions and how volunteer grievances are dealt with.
Our experienced organisational management of volunteers team is well placed to advise on volunteer issues, as many have personal experience of volunteering and are trustees of organisations that regularly work with volunteers.
Our solicitors are passionate about delivering expert support to your organisation to achieve a successful resolution to your people issues. Our advice is practical, clear and we work with you to guide you through every step of the process. If you would like further information about resolving employee relations problems and defending employment claims or how our employment law team can help you, please get in touch.
Anna is currently on maternity leave.
We have been recognised for the work we do
The last few weeks have proved what charities can achieve when put to the test – but we also need to remember that, now more than ever, charities need our support.
There was some good news as the Chancellor unveiled a £750 million package for UK charities to support them through the next few months.
In response to the Women and Equalities Select Committee Report back in July 2018 on sexual harassment in the workplace, the Government is looking at a number of initiatives.
An issue being brought into public view in the latter part of this decade, thanks to a healthy handful of royals and celebrities, is the existence of hidden disabilities.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Dominic Curran becomes head of charities at Anthony Collins Solicitors.
The Employment Appeals Tribunal (“EAT”) held in Flowers v East of England Ambulance Trust that “normal” remuneration included voluntary overtime if it was paid over a sufficient period.
Employers are having to walk a fine line between protecting their interests whilst also ensuring that they are not breaching their employees’ rights.
The sanctions against employers who knowingly or unknowingly employ individuals who do not have the correct immigration status to work in the UK are stringent.
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