The employment status of a volunteer

In the recent Employment Appeal Tribunal (EAT) ruling of Groom v Maritime and Coastguard Agency, it was held that an Employment Tribunal (ET) erred in failing to find that a volunteer for the coastal rescue service was a worker when undertaking remunerated activities.

Facts

Mr Groom volunteered as a coastal rescue officer (CRO) for the Maritime and Coastguard Agency (MCA). His handbook described his membership of the MCA as ‘entirely voluntary’ and stated that the relationship between the MCA and its volunteers was a ‘voluntary two-way commitment where no contract of employment exists’.

The handbook allowed volunteers to submit monthly claims for payment to cover minor costs but also to compensate for disruption to personal life and employment and in light of unsocial hour call outs. When payments were made, the CRO received a payslip, which itemised hourly remuneration and expenses. Volunteer CROs received a payslip and P60s were issued at the end of tax year.

Following a disciplinary hearing, Mr Groom’s membership was terminated, and he was subsequently issued with a P45. He brought a claim against the MCA for failing to permit him to be accompanied by a trade union representative at a disciplinary hearing. The claim depended on him being able to establish that he was a ‘worker’.

Decision

The ET found in MCA’s favour. However, the EAT allowed the appeal against the ET’s decision that Mr Groom was not a ‘worker’ because there was no contract between himself and MCA in relation to the individual activities attended by him.

It noted that ‘volunteer’ is not a term of art and there was nothing in the authorities to support the proposition that as a matter of law a volunteer provides services on a non-contractual basis.

A contract came into existence when a CRO attended an activity, in respect of which there was a right to remuneration. Furthermore, that contract was for the provision of services, not a collateral contract for the reimbursement of expenses incurred. When a CRO attended a relevant activity, they had a right to remuneration.

Comment

The ruling serves as a reminder that volunteer status depends upon an analysis of the particular relationship under which they provide their services.

For any further guidance or assistance, please get in touch with a member of the Employment Team who will be happy to help.