3C - HR & volunteers - Hira Choudhury & Stephen Peck

HR and Volunteers

Stephen PeckOperations Director – The Scout

Association

Hira Choudhury Managing Director - Unity Insurance

Services

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

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!)

Issues

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

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

• 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 & acceptanceo Considerationo Intention to create legal relations

• But a volunteer’s legal status is not always clear cut

What statutory rights do volunteers have?

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

hourso A requirement to repay training costs if she left

earliero 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

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

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

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 workedo An “if” contract does not mean contractual obligationso 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

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 worko No obligation for him to accept work offeredo Hence no mutual obligations & no contract of

employmento Not entitled to claim for discrimination

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 claimo Case referred to the Supreme Court for hearing in 2012

• 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

In Summary – factors affecting volunteers’ rights to claim

The Volunteer Agreement iscrucial - 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’

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

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

Any questions?Stephen Peck

Operations Director – The Scout Association

Hira Choudhury Managing Director - Unity Insurance

Services

Contact details for further information:

Stephen [email protected]

Hira Choudhury [email protected]