In a recent ruling, the Employment Appeal Tribunal (EAT) shook up the employment landscape by determining that a volunteer could – in fact, be classified as a worker. This groundbreaking decision challenges long standing assumptions and underscores the importance of getting to know the nuances of volunteer arrangements. Join us as we delve into the details of this case, and explore its implications for employers and charities engaging with volunteers.
Overview of Groom v Maritime and Coastguard Agency
The EAT found in Groom v Maritime and Coastguard Agency that a volunteer was classed as a worker, contrary to the initial ruling by the Employment Tribunal (ET). Central to this decision was the existence of mutuality of obligation, which was evidenced by the volunteer’s entitlement to compensation under the agency’s Volunteer Handbook and Code of Conduct.
Volunteers under the Maritime and Coastguard Agency were subject to specific requirements outlined within these documents. They were expected to attend training sessions and maintain a reasonable level of attendance. Additionally, volunteers had the right to claim compensation for any interference to their personal life or job. This was calculated at an hourly rate, although it was customary for volunteers not to make such claims.
Tribunal Disagreement and Resolution
While the Employment Tribunal initially ruled that the claimant was not classed as a worker due to the absence of a formal contract, the EAT took a different stance. It emphasised the presence of mutuality of obligation, where the claimant was obligated to perform voluntary activities and entitled to payment as per the agency’s guidelines.
This decision highlights important considerations for organisations engaging with volunteers. The Employment Tribunal evaluates the actual arrangement of work, disregarding HMRC decisions that volunteers cannot be considered workers. Notably, mandatory training requirements can contribute to establishing worker status for volunteers.
Actionable Steps for Employers and Charities
In light of this ruling, employers and charities should conduct a through review of their volunteer agreements and practices. It’s important to pay particular attention to arrangements involving payment for expenses and mandatory training requirements. Quest stands ready to assist you in updating your agreements to ensure compliance and mitigate legal risks.
As the legal landscape surrounding volunteer arrangements evolves, it’s imperative for employers and charities to stay informed and proactive. By understanding the implications of cases like Groom v Maritime and Coastguard Agency, employers can navigate the complexities of volunteer engagement with confidence and compliance. For personalised guidance on this matter, please do not hesitate to contact the HR/Legal Advice Line Service on 01455 852 028.
