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Do you have Volunteers at your club ?
If so are they really a Volunteer or could they actually be an Employee / Worker ?!
If so are they really a Volunteer or could they actually be an Employee / Worker ?!
The one key element when determining whether someone is or isn ’ t a volunteer has to be whether they are providing a service to the club free of charge ? A volunteer should be someone who has no obligation to the club what so ever . They do not receive payment for their services and have the right to accept or decline any forms of ‘ work ’ offered .
Basically if the club can answer yes to the following then it usually means the person is a volunteer :
• They are not paid a wage but can be paid for their expenses
• They are not contracted to provide any services offered and can at will and without prior notice decline their services at any point
• The Club can terminate the offer of work / services without giving any prior notice
• The Club does not offer any form of benefits to the voluntary employee i . e . Pension , sick pay , holiday pay , car , life assurance , medical cover
If there is any indication that money is being paid or that there is a mutuality of obligation , then your volunteer could be re classified as a worker or employee .
Why is it important to have Employee and Volunteer Distinction ?
The answer …… Employment Rights !
• Statutory minimum notice of one week per year of service up to a maximum of twelve weeks ’ notice must be given to employees .
• Statutory written statement of terms of employment must be given to employees within 8 weeks of commencement of employment , although a “ volunteer agreement ” is recommended for volunteers .
• Employee dismissals must follow a fair process , YOU MUST NOT victimise or dismiss an employee on the grounds of race , sex , disability , sexual orientation , religion or belief , age or trade union membership .
• An employee must not be victimised or dismissed for any reason relating to his or her right to health and safety at work .
• Employees have the right to be provided with statutory redundancy payments for redundancy dismissal .
• Qualifying employees have the right to be paid statutory sick pay during periods of sickness .
• Qualifying employees have the right to be paid statutory maternity or paternity pay during periods of maternity or paternity leave and to allow the employee to return to work thereafter .
• The employer must provide written reasons for dismissal upon request
• The employer must hold valid employer ’ s liability insurance covering all employees
Below is a list of rights employees have but volunteers do not :
• Employers must pay Income Tax and National Insurance contributions through PAYE .
8 Issue 69