Summary of "Volunteers and the Law"

Introduction

Context: The leaflet summarizes key legal aspects concerning volunteers, based on the book "Volunteers and the Law" by Mark Restall. It emphasizes the importance of understanding both good practice and legal implications of volunteer involvement.

Legal Status: Explores the complex legal status of volunteers, highlighting the differences from paid staff, particularly in terms of employment rights.
Contract Implications: Discusses the nuances of contracts between organizations and volunteers, and how this can affect their status as workers or employees.

Nature of Contracts: Clarifies that contracts are not necessarily formal documents and can arise from the nature of the relationship between volunteers and organizations.
Consequences: Details the implications if a volunteer is considered a worker, including entitlements and protections under employment law.

Legal Considerations: Discusses how the National Minimum Wage Act affects volunteers and the legal distinctions between volunteers and workers.

Best Practices: Offers guidelines to minimize legal risks, including differentiating volunteer and paid work roles and fair treatment of volunteers.

Welfare Benefits: Explores how volunteering can affect entitlement to various welfare benefits.
Tax Implications: Examines tax considerations for reimbursements and payments to volunteers.

Health and Safety: Highlights the organization's duty of care towards volunteers and the importance of compliance with health and safety legislation.
Liability and Insurance: Discusses the necessity of appropriate insurance coverage for volunteers.

Vulnerable Clients: Advises on enhanced duty of care and necessary policies when working with vulnerable groups.
Young Volunteers: Details legal considerations for involving young volunteers.
Volunteer Drivers: Covers insurance and expense considerations for volunteer drivers.
Overseas Volunteers: Outlines rules for volunteers from outside the European Economic Area.
Volunteer Fundraisers: Reviews legal requirements for volunteer fundraising activities.

Data Protection: Explains legal duties related to volunteers' personal data.
Copyright Issues: Advises on managing copyright for material created by volunteers.

Resource for Further Information: The full book provides detailed guidance on legal aspects of working with volunteers, beneficial for both large and small organizations.