Volunteers' Week is held annually on the first week of June and is intended to be a celebration of the contributions of the millions of volunteers across the UK. From small not-for-profit start-up organisations to some of the biggest charities in the UK, the week brings together a diverse range of volunteers. This year's theme was "inspire and celebrate", thanking volunteers for the work that has been done over the past year and inspiring others to take up volunteering. We consider below how volunteers are protected by the law and some of the legal issues to be aware of for volunteers and employers.

Legal differences between employees and volunteers

There is no set definition of a volunteer under UK law. However, the former Department for Business, Energy and Industrial Strategy provides guidance on work experience and internships which sets out the key distinguishing features of a volunteer. They provide that a volunteer is someone who:

• is not entitled to any reward or benefit, financial or otherwise, for the services they provide;
• does not have to show up for work if they do not wish to, even if they usually perform a regular service; and
• cannot be dismissed or sued for breach of contract if they fail to perform the services they had been providing.

However, in practice, it can be difficult to determine the legal status of volunteers due to the wide variety of services performed and contractual arrangements put in place. Issues can arise in particular where volunteers are being compensated for expenses by way of a weekly payment or similar arrangement. Additionally, if a contract has been created, either expressly or implicitly, there is a risk that the volunteer will be considered an employee in the eyes of the law, as seen in Murray v. Newham Citizens Advice Bureau.

If you are part of an organisation that takes on volunteers, it is important to be clear that an employer-employee relationship is not being created. In practice, you can take some steps to minimise this risk, including:

• using non-specific language which does not confer any particular obligations on the volunteer, such as specific tasks to complete or set times of work;
• avoiding language that indicates a contractual relationship such as "obligated" and using flexible language instead such as "general" and "usual"; and
• where making payments to volunteers for reasonable expenses, these should be specific payments for expenses as they occur, and ideally should be accompanied with receipts, as opposed to regularly making set payments for generic expenses that could be construed as wages.

What are the legal protections for volunteers?

As the nature of a voluntary role is distinct and separate from other employee or worker roles, the legal position is different. In particular, volunteers are not entitled to the national minimum wage, or indeed any financial reward or benefit for the services performed. Additionally, the usual contractual and statutory rights of employees are not available for volunteers, such as the right to bring a claim for unfair dismissal.

However, this does not mean that volunteers are unprotected by the law. Under the Equality Act 2010, volunteers have a right not to be discriminated against for their sex, race, age or other protected characteristics. It is therefore important for volunteers to be treated fairly, in the same way as employees. This includes having clear procedures for dealing with any conflicts or grievances that volunteers might have.

In addition, volunteers will be considered a "data subject" under the Data Protection Act 2018 and UK GDPR regulations. Volunteers should therefore be provided with a privacy notice when they commence any periods of volunteer work and their personal data should be collected and processed in accordance with the same data protection regulations that are applicable to workers and employees.

Volunteers are also protected by the Health and Safety at Work etc. Act 1974, which obligates employers to ensure that individuals who are not employees are not exposed to risks to their health and safety in the course of performing any work under voluntary arrangements. Volunteers should therefore be provided with any relevant health and safety training when they begin the role, and the standard risk assessments should be actioned.

On the whole, the voluntary relationship is intended to be much more informal and flexible than the employer-employee relationship and, as such, the obligations for both the volunteer and the organisation to which they provide services are much less stringent. Despite this, it is still vital that volunteers are treated fairly and are appropriately supported so that they are able to perform their roles free from discrimination, harassment, or undue health and safety risks.

How can employers provide volunteering opportunities to their employees?

The celebrations of Volunteers' Week highlight that engaging in voluntary work can be a hugely rewarding opportunity, enabling individuals to give back to their local or national communities. Many employers are therefore looking to offer opportunities for time off work to take part in volunteering.

There are many benefits for employers in allowing employees to have paid time off to volunteer, such as attracting and retaining the best talent, a low-cost opportunity to learn and improve skills, and helping the business to become an established and valued part of the community.

Whilst there is no statutory right for employees to take time off work for volunteering generally (with a few specific exceptions for certain job roles), it is something employers are increasingly offering. If it is feasible for the size of your organisation, implementing an organisational volunteering scheme can be a good way to select the volunteering opportunities which best align with the employer's values. Having such a scheme would create space for clear policies and expectations on the process, such as how much time employees are entitled to take, the types of volunteering for which they are entitled to take time off, and whether the time will be paid or unpaid. Additionally, many organisations partner with particular charities to direct specific levels of resources on a regular basis, whether that is measured by a certain amount of time dedicated to providing support or the number of volunteers dedicated to a particular initiative.

For smaller organisations, employers might choose to offer volunteering opportunities on a more ad hoc basis. It can be useful to designate an individual within the organisation who is responsible for providing guidance on the volunteering opportunities available and approving requests for time off to volunteer.

There are a multitude of success stories from organisations who have benefited from providing volunteering opportunities to employees. At Dentons, lawyers and business services staff are given time off work to engage with community work, including sending a team of volunteers to help with the Whitechapel Mission's Breakfast Challenge, Bethany Winter Care Shelter in Edinburgh and the Milton Keynes Winter Night Shelter. Dentons is also proud to have partnered with a number of its clients to collaborate on volunteering opportunities, from sorting and packing Christmas gifts for underprivileged children, to helping with gardening and DIY projects in the communities in which they operate. Other volunteering opportunities focus on helping students with entering the world of work after their education, including sharing employability skills through Worktree, tutoring with the Access Project and working with clients as part of the Social Mobility Business Partnership, as well as assisting with reading schemes in local schools. We also provide advice to a diverse range of pro bono clients such as the National Centre for Domestic Violence. These experiences have allowed the business to truly be in and of the community, and to build and strengthen relationships beyond the parameters of the Firm's day-to-day work.

If you have any questions about providing your employees with time off for volunteer work or your legal obligations to volunteers, please reach out to our experienced PRM team.