Your Employment Rights as a Volunteer

Understanding your position as a volunteer

Volunteering lets you contribute to your community, gain experience, or support a cause you care about. However, your legal position differs significantly from that of paid employees.

Volunteers do not have a contract of employment. You cannot claim unfair dismissal, have no right to the National Minimum Wage, and are not entitled to statutory sick pay or holiday pay.

Some court cases have found that volunteer agreements can create mutual obligations resembling employment. If an organisation requires you to work set hours and you are obliged to turn up, a tribunal might decide the arrangement is employment in disguise, granting you worker status and the rights that come with it.

Certain legal safeguards still apply to genuine volunteers. Most established charities follow good practice standards set out by bodies such as the National Council for Voluntary Organisations.

Volunteer Rights Checker

Not sure about your rights as a volunteer? Answer a few questions about your situation and find out where you stand on expenses, insurance, references, DBS checks, and more.

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Volunteer agreements and what they mean

When you start volunteering, the organisation will usually provide a volunteer agreement. This is not a contract of employment: it sets out expectations on both sides.

A typical volunteer agreement might cover:

• A description of your role and tasks
• The time commitment expected
• Who you will report to or work alongside
• Any training provided
• Policies on confidentiality and safeguarding
• How either party can end the arrangement

Wording is usually careful to avoid creating a binding contract. Phrases like "we hope you will" rather than "you must" are common. If an agreement imposes fixed hours and binding obligations, it starts to look like an employment contract.

If you are asked to sign something that reads more like an employment contract, seek advice. Citizens Advice can help you understand whether your arrangement might give you worker status.

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Health and safety, insurance and liability

Volunteers do have clear legal protection under the Health and Safety at Work Act 1974. Organisations must protect anyone affected by their activities, including volunteers.

The organisation you volunteer with should:

• Carry out risk assessments covering your activities
• Provide necessary training for your role
• Supply appropriate equipment or protective clothing
• Maintain a safe environment
• Have procedures for reporting accidents or concerns

If an organisation is putting you at risk or ignoring safety concerns, raise this with them. You can also contact the Health and Safety Executive for guidance.

Many organisations have insurance covering volunteers, but there is no legal requirement. Public liability insurance protects against claims if you accidentally cause injury or damage property. Some organisations also have personal accident insurance covering injuries during volunteering. Before you start, ask what cover is in place: do not assume you are covered.

If you use your own vehicle for volunteering, check with your motor insurer. Standard policies may not cover volunteer driving. Some insurers provide this at no extra cost, but policies vary.

Expenses, benefits and equal treatment

Volunteering is unpaid, but many organisations reimburse reasonable out of pocket expenses:

• Travel costs
• Meals during your session
• Care costs such as childcare
• Postage, phone calls or other role-related costs

Expense payments should reflect what you actually spent. Keep receipts and records. If an organisation pays more than your genuine expenses, or a flat rate regardless of spending, this could be treated as earnings: this matters if you claim benefits.

If you receive benefits, you can usually volunteer without affecting your payments, provided you meet any conditions attached to your benefit. Universal Credit claimants with work search requirements must still be available for and actively seeking paid work. Inform the Department for Work and Pensions or Jobcentre Plus that you are volunteering. If your arrangement starts to look like employment, this could affect your benefits. For guidance, seek advice from Citizens Advice or check GOV.UK.

The Equality Act 2010 does not cover volunteers as it covers employees. However, organisations should not discriminate against volunteers on protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. If you have a disability and need adjustments, discuss this with the organisation.

If you experience discrimination and the organisation does not resolve it, seek advice from the Equality Advisory Support Service or Citizens Advice. For official guidance on volunteering and your rights, GOV.UK provides information on volunteering while receiving benefits. The National Council for Voluntary Organisations and local volunteer centres can also offer practical support.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Volunteer Rights Checker lets you not sure about your rights as a volunteer? Answer a few questions about your situation and find out where you stand on expenses, insurance, references, DBS checks, and more. Try it now →