Volunteer or Employee?

[Lucan Unlordly]

At what point could a volunteer be considered an employee?

Example: Lead official at sporting events gives their time freely for many years. The government funded ruling body changes the role of overseer to include collection of data - results etc., - and supplies them with equipment, training and out of pocket expenses to carry out the task. That data has strong commercial value and will be used accordingly.

At what point, if any, could the volunteer be considered an employee?

 

[IanSuth]

i do various things for the rfu (specifically the county body) I am trained by it, dbs'd by it, I hold the personal data of a multitude of under 18's and their parents including medical records. I am provided free kit (a uniform) that I am required to wear when doing the job

I am a volunteer, but when I am doing the role i am covered by their insurance and codes of conduct/rules.

Does it matter if employee or volunteer and if so why so ?

 

[Frank the Insurance guy]

From an Insurance point of view a volunteer would be considered an Employee and would need to be covered by your Employers Liability Insurance.

You have a duty of care to volunteers, as you would for a bona fide employee.

The intellectual property side of things (collection of data) is another issue entirely and I don't see the relevance whether a volunteer or employee - it will come down to the contract terms on the holding and use of the data.

 

[Lucan Unlordly]

Does it matter if employee or volunteer and if so why so ?

I'm aware of an individual who on receipt of considerable out of pocket expenses was challenged on the status of the role he was doing. Additions to that role could make it more likely to be considered a job............or not?

From an Insurance point of view a volunteer would be considered an Employee and would need to be covered by your Employers Liability Insurance.

I'm not involved here Frank, but yes, I believe the volunteer would be covered, but a question worth asking.

The intellectual property side of things (collection of data) is another issue entirely and I don't see the relevance whether a volunteer or employee - it will come down to the contract terms on the holding and use of the data.

It's elevated the role from one of overseeing the basic functions of the event, timescales, bar opening times, etc., to a technical administrative role with a commercial benefit that would previously have been carried out by a paid employee at head office. Data protection is covered and shouldn't be an issue.

 

[Newchodge]

I'm aware of an individual who on receipt of considerable out of pocket expenses was challenged on the status of the role he was doing. Additions to that role could make it more likely to be considered a job............or not?

I'm not involved here Frank, but yes, I believe the volunteer would be covered, but a question worth asking.


It's elevated the role from one of overseeing the basic functions of the event, timescales, bar opening times, etc., to a technical administrative role with a commercial benefit that would previously have been carried out by a paid employee at head office. Data protection is covered and shouldn't be an issue.

No one becomes an employee. If a volunteer believes that they are effectively an employee and the 'employer' disagrees, they can take an employment tribunal claim which will settle the matter. Receiving large out of pocket expenses should not be an issue if the expenses are genuinely incurred and there is no elelment of payment. https://www.gov.uk/volunteering/pay-and-expenses

 

[IanSuth]

It's elevated the role from one of overseeing the basic functions of the event, timescales, bar opening times, etc., to a technical administrative role with a commercial benefit that would previously have been carried out by a paid employee at head office. Data protection is covered and shouldn't be an issue.

I was even involved in the steering group for the replacement to GMS (rfu game management system) which now has people at clubs/cb's doing the work that was previously done by paid rfu employees with regard to player registration, match cards, score notification and even recording of concussions

The expenses thing only matters if they are getting paid more than hmrc believes is fair recompense for true expenses and then it is a tax not an employment question