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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
• 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.
• They are not contracted to provide any services offered
and can at will and without prior notice decline their services
at any point • An employee must not be victimised or dismissed for any
reason relating to his or her right to health and safety at
work.
• The Club can terminate the offer of work / services without
giving any prior notice • Employees have the right to be provided with statutory
redundancy payments for redundancy dismissal.
• 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 • Qualifying employees have the right to be paid statutory
sick pay during periods of sickness.
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!
Below is a list of rights employees have but volunteers do
not:
• Employers must pay Income Tax and National Insurance
contributions through PAYE.
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• 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