Volunteers or (voluntary) workers – what’s the difference?

Posted: 05/11/2024

Many charities in the UK rely heavily on volunteers, who make up a significant portion of the sector’s workforce. According to a recent study, 91% of charities in the UK have no paid staff and are entirely run by volunteers, who perform a wide range of tasks, from fundraising and administrative support, to providing care for vulnerable people and conservation activities.  

Charities should ensure that they understand the difference between volunteers, voluntary workers, and workers, as different duties will apply. The title given to the individuals in these roles is not determinative: the charity needs to consider what is actually being asked of the individual and what, if anything, the individual might receive in return for their services.  

Irrespective of status, where these individuals ‘come into contact with the charity through its work’, the charity will owe them certain obligations, not least with regard to safeguarding,  and health and safety.

True volunteers do not have a contractual obligation to provide their services to the charity.  They are entitled to expenses such as travel expenses and meals but not to other payments or benefits. Volunteers are not entitled to the protection of the employment elements of the Equality Act (or indeed to any other sort of employment protection).

If there is an obligation to provide their services, albeit unpaid, to the charity, then the individual is likely to be a voluntary worker. Certain employment provisions will apply to voluntary workers, including in relation to rest breaks and holiday (although voluntary workers are exempt from the National Minimum Wage, so holiday is unpaid), and they have protection from discrimination under the Equality Act. Voluntary workers are also entitled to expenses and, in some cases, to other small allowances and accommodation.

If other benefits are provided in return for the work undertaken by the individual, they might be classed as a ‘worker’ (as opposed to a ‘voluntary worker’). Workers are entitled to the National Minimum Wage, amongst other statutory rights, which can mean that even though the charity considers that it is benefiting the individual by offering services in return for the individual’s work (eg free tuition to former students by an educational charity), it will also have a legal liability to pay them (failure to pay the National Minimum Wage is a criminal offence and offending employers are ‘named and shamed’). 

Any such arrangement needs careful scrutiny to ensure that the charity is complying with its legal obligations and not creating unexpected burdens. Only certain benefits can be off set against the liability to pay the National Minimum Wage, and often only to a limited extent (for example, even if a volunteer is given what would otherwise be very expensive accommodation, only £20 a week can count towards the National Minimum Wage).

Charities also need to consider potential immigration issues: is a volunteer ‘working’ for the purposes of the immigration rules?  For example, an overseas student may undertake 20 hours of work per week – would volunteering at a night shelter count towards this limit?

It seems likely that such activity would be classified as volunteering rather than voluntary work, and so will not count towards the 20 hours (or be classed as ‘work’ generally), but it does depend on the precise details of the arrangement, which would have to be carefully reviewed. Having a volunteer agreement and clear role descriptions can help avoid pitfalls.

What if things go wrong?  

Particularly where volunteers are public-facing, charities should take great care to manage expectations in terms of behaviour and ways of working. Volunteers in a charity shop, for example, may be a huge asset to the charity in terms of the time they are prepared to invest, but they can also present a risk when they do not follow procedures or are not properly vetted with DBS checks.  

As true volunteers are not employees, they will not be able to bring grievances and would not be subject to the organisation’s disciplinary procedures for its employees. It is, however, good practice to have a complaints procedure for volunteers – this could be a version of the charity’s general complaints procedure – and to be clear how they can raise concerns such as bullying, harassment and general whistleblowing. It would also be prudent to ask volunteers to sign up to a code of practice to set expectations and help manage risks both to themselves and others.

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