The third sector could do little without volunteers - and there is good practice to consider in how they are supported. Carla Codona, an employment lawyer at Lindsays, considers some food for thought.
Scotland’s charities rely heavily on their armies of volunteers. Whether trustees, fundraisers or anything in between, their support ensures survival.
It is important to celebrate how valued they are. A simple thank-you for what they have done goes a long way.
Yet, beyond gratitude, what are their legal rights? It’s a question that we are asked regularly, particularly given the myriad of ways in which volunteers express support.
The hidden complexities of volunteer roles
There is no legal definition of a volunteer, and there is no legislation governing employer-volunteer relationships - a fact that not all charities recognise. Volunteers have fewer rights and legal protections than employees because legislation, including the Equality Act 2010, does not apply to volunteers (unless it can be shown that an employment relationship exists between an employer and volunteer).
Despite this, it is important that volunteers are treated fairly and with respect. You want your organisation to be welcoming and supportive to encourage volunteer retention. Not being so risks harmful negative publicity and perceptions.
While volunteers are not employees, they have been authorised to act in the interests of the organisation, and therefore, the organisation may be liable for any discriminatory actions under the Equality Act 2010.
Guidance from The Equality and Human Rights Commission states:
“Whatever their legal status, it is likely that a volunteer delivering your service would be acting on your behalf if they unlawfully discriminated against a client or service user. If so, you could be held legally responsible for what they did.”
Practical steps for volunteer management
To set and manage expectations, it is helpful to create a volunteer agreement. This does not form a contract of employment, but it does set out the arrangements between an organisation and an individual volunteering their services.
It can also be a good idea to have a volunteer policy, sharing the framework and principles of what the arrangement will look like.
Another important step is to include, and treat, volunteers in line with your equality, diversity and inclusion (DEI) policy.
Volunteers, as employees and workers, must be protected against health and safety risks at work. To demonstrate that appropriate measures have been taken to keep volunteers safe, create and follow health and safety practices, as well as risk assessments where appropriate.
Linking in with this, if volunteers will be working with beneficiaries or service users, consider whether providing training on equality issues or undertaking vetting or safeguarding processes is required.
Underpinning everything can be clearly defined descriptions that set out the boundaries of volunteers’ roles and responsibilities, and this can be explained in inductions.
All relationships take a little nurturing. That’s as true for volunteering as everything else. Clarity around expectations can go a long way.
Published 9 June 2025
