Volunteers

VOLUNTEERS LEGISLATION

Recruiting volunteers

• There are a number of ways to seek volunteers or voluntary committee members and cost will have to be considered. In each geographical area there are organisations linked to local government which may run volunteer information centres or bureaux, volunteer databases and publications where potential volunteers look for opportunities.

• Another alternative source of volunteers is those not eligible to work in the UK. Through voluntary work they can still integrate with their community and keep their skills active. However certain immigration regulations apply, so care should be taken to ensure that this relationship is valid and legal. You should check each case with the UK Border Agency before accepting someone as a volunteer if they are not eligible to work in the UK. www.ukba.homeoffice.gov.uk.

• As in all business arrangements, good procedures are needed for recruitment and selection. You may require references for volunteers and also, depending on the nature of the work, need to obtain a criminal record disclosure.

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Employment status

Most volunteers don't have a contract of employment and are not paid for their time. They don't have the rights of an ordinary employee or worker, including the right to the national minimum wage, statutory holiday pay, sick pay or other statutory rights. Volunteers should be fully informed about the difference as, over time, they may come to feel like employees.

In order to avoid confusion, it is advisable to draw up a volunteer policy and voluntary work outlines (similar to job descriptions). In addition we would recommend that each volunteer is given a volunteer agreement (example in toolkit) which covers:

• what supervision and support will be provided • insurance cover • equal opportunity • how disagreements will be resolved.

Volunteers should receive a proper induction, will normally be reimbursed for expenses incurred doing the voluntary work and should be covered by the organisation's insurance. In addition they should be given the proper training to do their work. The provision of training, requirement to work to specified standards and the ability to claim travel expenses will not entitle the volunteer to be regarded as an employee.

Volunteers do have obligations towards their user organisations including an obligation to honour commitments made.

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Managing volunteers

• The work of volunteers needs to be acknowledged and recognised on an on-going basis to ensure that the volunteer feels valued. The rewards for voluntary work, being non-monetary, will not only be in the nature of the work, (be it improvement to the environment, fundraising, helping the sick, needy or disadvantaged) but additional benefits may include exercising current skills, learning new skills, socialising and being a valued part of a team. The involvement may be occasional or regular and the organisation needs to carefully consider how to manage the volunteers. What are their expectations? How will 'disputes' be handled? What if the need changes and you no longer require a volunteer? These situations, like employment situations, are best dealt with through properly considered policies, procedures and guidelines. Make use of agreements, handbooks, toolkits and use other similar organisations to share good practice.

• Ensure that your managers are properly trained to oversee a voluntary workforce - this can actually be more demanding than managing those who are paid for their efforts!

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Pay, expenses and training

• Volunteers who work for a charity, a voluntary organisation, an associated fund-raising body or a statutory body are exempt from the National Minimum Wage legislation if they do not receive monetary payment (other than the reimbursement of basic expenses, i.e. costs which would not have been incurred if the individual hadn't been volunteering) or benefits in kind (other than reasonable subsistence or accommodation). Normally expenses will be limited to the reimbursement of travel, refreshments and, if undertaking work away from home, accommodation, plus items needed for the work. Training for the specific work may also be provided.

• Any other payment or benefit in kind for volunteering may mean the individual is actually classed as an 'employee' or a 'worker', and thereby gains the particular employment rights associated with them. Examples of benefits that might mean someone is classed as a 'worker' include:

• receipt of training not directly relevant to the voluntary work • receipt of a fixed regular amount for 'expenses' that is more than is actually spent.

• Volunteering should not affect any right to welfare benefits as long as only basic expenses are paid. • Take care when using volunteers who are not exempt as listed above, as they should normally be paid at least the National

Minimum wage. • Within the "not for profit" sector, an honorarium payment is sometimes given. Please take care with this form of payment, and

consider whether there is an alternative gesture of thanks that could be given. Examples within a charity setting may be attendance at an away day that the person would not normally have been invited to.

• An honorarium payment should be unexpected and a one-off payment, it shouldn't be agreed up front when the volunteer is taken on. If you do make a one-off honorarium payment, do remember that this must be declared to HMRC to tax and NIC purposes.

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Health and safety

• Employers must assess any risks to health and safety to volunteers and take steps to reduce them, just as if the volunteer were a paid worker. If the volunteers face different health and safety risks to employees, the protection given to the volunteers should reflect this.

Data protection

• Volunteers have the same rights as an employee under the Data protection Act. This means the organisation must comply with rules on personal data held on a computer or in paper files.

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• Further information on good practice in managing volunteers can be found on the following websites: volunteering.org.uk and also Directgov.uk

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