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This Practice Note considers employment law issues that may arise in relation to volunteers.

Generally an individual is understood to be a volunteer if they are not obliged to work but agree to perform work for which they are not paid. Without consideration there can be no contract (whether as an employee or as a worker). However, volunteers may be reimbursed expenses that they have genuinely incurred with losing their status as a volunteer. As a volunteer, an individual can come and go as they please.

Volunteer roles can often be ill-defined and, if some consideration can be found, an individual may find that their 'voluntary' role amounts to one as a 'worker' or an 'employee', thus acquiring statutory employment rights.

For information:

1. •

   on employee status, see Practice Note: Employee status

2. •

   on worker status, see Practice Note: Worker status

3. •

   on interns, see Practice Note: Interns

4. •

   on the rights attaching to employee or worker status, see: Employees and workers: checklist of rights