When Does A Volunteer Have Worker's Rights?

EAT finds volunteer was a worker and able to bring a claim concerning the right to be accompanied

Charities often rely heavily on their amazing volunteers across a range of roles, including office holders such as trustees and directors, and those on the "front line" working to further the objects of the charity. However, organisations should be aware that the status of "volunteer" does not have a legal definition, and that some volunteer arrangements could be found by a court or employment tribunal to be worker or employee contracts, entailing significant rights and obligations.

Volunteer arrangements are usually characterised by a lack of obligation to work set hours and carry out set tasks, and are expressed instead in terms of hopes and expectations. However, as a recent case in the EAT highlights, even arrangements which place no obligation on the volunteer to carry out work could meet the legal definition of a worker, and particularly where the volunteer