Working as a volunteer

Volunteering is normally associated with charities but other organisations and companies take on volunteers. It’s important to understand the legal aspects of using volunteers to avoid potential disputes.

Make your Contract of employment

Answer a few questions. We’ll take care of the rest

What is the status of a volunteer?

Volunteers normally carry out unpaid work for charities, voluntary organisations or fundraising bodies. Volunteers are generally not considered to be employees or workers and usually will have a role description rather than a job description. However, their employment status is determined not by their designation as ‘volunteers’ but instead by a range of factors, including:

• Is the volunteer under direct supervision and do they need to complete work in a given place during set times?
• Is the volunteer allowed to work for other organisations?
• Is the volunteer obliged to accept work?
• Are materials, equipment and tools supplied by the volunteer or the business?
• Is the volunteer paid any money?

To minimise the potential for any confusion about the status of a volunteer, it is a good idea to have a volunteering agreement in place.

What are the rights of volunteers?

Volunteers do not have the rights of employees or workers. However, the organisation using volunteers should make sure they have relevant health and safety procedures and data protection policies in place.

Volunteers do not have a contract of employment but often have a volunteering agreement (although this is not compulsory). It should set out details of:

• level of supervision and support received
• any training provided
• whether volunteers are covered under the organisation’s employer or public liability insurance
• any relevant health and safety issues
• any agreed expenses to be covered by the charity or organisation

Volunteers should have access to appropriate training and development. But, as they are generally not classed as employees or workers, they are not entitled to the national minimum wage.

What are the rules for volunteers?

• Age – subject to the rules of the organisation’s insurance policy, there is no upper age limit on volunteers. Volunteers under the age of 14 are not allowed to work for a profit-making organisation. Councils may have additional rules about child volunteers.
• Benefits – as long as they are not paid for volunteering (other than expenses such as travel costs) people claiming benefits can volunteer, if they continue to meet the conditions of their benefit payments.
• Criminal records – in general, people with criminal records are allowed to volunteer – but they may be required to carry out a DBS check (eg if the volunteering work involves working with children).

What are the expenses rules for volunteers?

Employers need to be careful to stick to the expense’s rules for volunteers. Volunteers should not be paid for their time volunteering, but they can receive money in respect of legitimate expenses (e.g., food, drink, travel and equipment required for volunteering). If a volunteer receives any other payment, reward or benefit in kind – including promises of paid work in future – this may lead to them being classed as a worker or employee.

Terms & Conditions

Introduction to Our T&Cs

WCCL is a charity committed to work for the prevention and relief of poverty, the advancement of education and training, the promotion and preservation of good health for people in needs by providing grants, services and volunteers to those individuals in need and/or charities, or other organizations working to prevent or relieve poverty, advance education and training or promoting and preserving good health for people.

The work undertaken by our volunteers is invaluable and these aims could not be achieved without their help and support. Our volunteers are treated with the same respect and courtesy we give our employees, and we expect to receive the same professionalism in return. Our volunteers are key in the continuation of WCCL’s work.

Recruitment Process

WCCL aims to keep the volunteer recruitment form as simple as possible and open to all those over 16 years of age. Prospective volunteers will be required to complete the following:

o   A volunteer application form including questions about past experiences and reasons for their wish to volunteer

o   Where possible, a short interview will have been conducted by phone by your adviser.

o   WCCL reserves the right to CRB check all our volunteers, without prior request or notice other than that given on this form.

Volunteer Roles

The roles of our volunteers will differ according to the specific projects that are applied for.

Event or Project-specific information will be made available to prospective volunteers showing interest in these projects. Generally, we expect our volunteers to complete their event or projects with a respectful and friendly approach, maintaining a tidy living space and an open-minded approach.

Diversity policy

WCCL is committed to a fair, non-discriminative approach in all areas of its work. Applicants for volunteering projects are selected solely on a basis of their competence and will not be persecuted on grounds of age (once above 16), sex, gender, race, ethnic origin or disability.

Induction and Training

Induction and Training will be given before any event or project. Volunteers working overseas will receive an induction via an information pack and email correspondence followed by a project-specific induction and training once in their placement. Any information or instructions given in these must be adhered to at all times.

Health and Safety

WCCL is NOT responsible for providing and maintaining a safe and healthy environment for volunteers. When Volunteering with WCCL, you have a duty to take reasonable care of yourself and others who could be affected by what you do or fail to do.

Travel

The volunteer is solely responsible for arranging and paying for their own travel, specifically including all airfares or other transport costs to and from the host country as well as any local transport costs. It is the responsibility of the volunteer to carry all necessary documents when travelling abroad. It also the volunteer’s responsibility to ensure that they have the correct travel documents, including visas when travelling to or from our placements and whilst on placement. While WCCL may advise the volunteer on required travel documentation, WCCL are not responsible for any supporting documents (including visas) necessary for the volunteer’s travel needs or other purposes. 

WCCL are in no way liable for the consequences of failing to independently verify the accuracy of the general advice provided in our literature. WCCL has no responsibility whatsoever for the direct or indirect communication of the volunteer with their given airline. WCCL is in no way liable for any missed or late connections between WCCL’ transport and external providers, including airlines.

Drug and alcohol use

The volunteer must abide by the rules put in place by WCCL, any WCCL partner organizations, volunteer placement institutions and host-families with regards to alcohol consumption. Drug use (unless prescribed by a doctor) is strictly prohibited and will result in instant dismissal from the programme without any refund for programme fees, travel or other expenses.

Partner organisations

A small number of WCCL’s programmes are not directly owned or fully funded by WCCL. This can include homestays, placements, staff, infrastructure and registrations. The volunteer agrees to comply with the partner organization’s code of conduct at all times and will respect the agreement in place between the partner organization and WCCL. You agree that WCCL is not liable for any actions or omissions of any partner organization. A full list of partner organizations is available on request.

Image and naming rights

WCCL reserves the right to use feedback and images provided by volunteers for website materials such as testimonials, promotional videos, posters, television commercials and any other form of advertising. To the full extent permissible at law, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties and guarantees, are excluded. WCCL does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this site or the result of their use.

Removal

WCCL and its partner organizations reserve the right to remove the volunteer from the programme at our discretion. Whilst we would aid the volunteer to return home, we are not legally obliged to do so.

Personal risk

The volunteer acknowledges and accepts the responsibilities and risks associated with their agreement to travel to, temporarily live in and provide volunteer services in a developing country. Such travel and volunteer work can be often hazardous and involves a certain degree of risk, inherently dangerous activities and personal perils to the volunteer, both foreseen and unforeseen, all of which are fully accepted by and solely assumed by the volunteer. Therefore, WCCL including any and all of its employees, managers, directors, shareholders, host families and host country partner organizations are not liable, to the maximum extent of the law, for any loss or harm the volunteer or associates may suffer, including but not limited to loss caused directly or indirectly by:

• Personal injury;

• Emotional injury;

• Death;

• Illness or disease;

• Damage to or loss of property;

• Hostage situations;

• War or terrorism;

• Natural disasters; or

•Any ‘Act of God.’

Liability and indemnity

Notwithstanding anything else contained in any agreement, the liability of WCCL to the volunteer shall not in aggregate exceed the amount of the placement fee paid by the volunteer.

The volunteer agrees to indemnify WCCL against any and all liability which WCCL incur arising directly or indirectly out of, or in connection (in any way) with, the volunteer’s travel to, living in and providing services in the volunteer’s nominated country.

Personal and property insurance

WCCL does not provide the volunteer with insurance of any kind. Furthermore, all volunteer projects require valid travel insurance; this is mandatory for all volunteers, on all projects. Accordingly, the volunteer is solely responsible for deciding the type, extent, and level of any insurance they require during the planned travel period and is solely responsible for organizing and covering the costs of this insurance.

Governing law

These terms are governed by the laws of England and Wales and the jurisdiction of UK courts only.