Are volunteers working in a village shop classed as employees? If so what form of employment contract is used and will normal employer liability insurance cover a volunteer work force?
Submitted by Arthur Grosset on Wed, 28/04/2010 - 5:06pm.
The following is an extract from a report by VITA (Volunteering in the Third Age):
"Liability policies insure against claims arising from a legal liability, usually relating to negligence or breach of the duty of care. Within the VCS (Voluntary and Community Sector), the main types of liability insurance are employer's liability and public liability. These are relevant to organisations across the spectrum from the large nationals to small community groups. In the context of the present study, it is important to note that there are no upper or lower age limits for the cover provided through liability policies.
Employers have a statutory duty to maintain Employer's Liability Insurance for a sum not less than £5 million. This covers liability for accidents, disease or injury to an employee due to negligence or a breach of health and safety law. While there is no obligation to extend cover to volunteers, it is customary for volunteer-involving organisations to do so. This must be stated explicitly in the policy.
While Public Liability Insurance is not a statutory requirement, any voluntary organisation that maintains premises or has dealings with the public is usually advised to purchase it, and it may be a condition set by funders. It provides protection against claims by third parties, including service users and members of the public, for death, illness, loss or injury caused by the negligence of the organisation. It is particularly important that public liability insurance is in place when an organisation is providing a service to a third party for a fee. Public liability insurance may be extended to insure the organisation against claims by volunteers: a protection that is particularly important for volunteers who become involved in one-off or occasional activities and who may not be regarded as authorised volunteers under the terms of employers’ liability insurance. Protection against loss or damage to property arising through the negligence of someone acting with the authority of the organisation, including a volunteer, may also be included. Once again, it is important that the inclusion of volunteers is explicitly stated in the policy."
While we have no formal contract with our volunteers, our insurance policy includes, under the 8 categories of employee, the wording "Any person while working for You in connection with the Business who is... a voluntary helper"
Submitted by Gill Withers on Thu, 29/04/2010 - 12:38pm.
You might also find the following extracted from our advice sheet on "manning the shop" relevant.
Volunteer – pitfalls
The minimum wage applies to ‘workers’ rather than ‘volunteers’; however there have been a number of cases which show that the dividing line between these two legal concepts can easily become blurred, with the result that volunteers have been able to claim that they are in fact workers and therefore entitled to the minimum wage. To protect the organisation against such a risk it may be advisable to:
The following is an extract from a report by VITA (Volunteering in the Third Age):
"Liability policies insure against claims arising from a legal liability, usually relating to negligence or breach of the duty of care. Within the VCS (Voluntary and Community Sector), the main types of liability insurance are employer's liability and public liability. These are relevant to organisations across the spectrum from the large nationals to small community groups. In the context of the present study, it is important to note that there are no upper or lower age limits for the cover provided through liability policies.
Employers have a statutory duty to maintain Employer's Liability Insurance for a sum not less than £5 million. This covers liability for accidents, disease or injury to an employee due to negligence or a breach of health and safety law. While there is no obligation to extend cover to volunteers, it is customary for volunteer-involving organisations to do so. This must be stated explicitly in the policy.
While Public Liability Insurance is not a statutory requirement, any voluntary organisation that maintains premises or has dealings with the public is usually advised to purchase it, and it may be a condition set by funders. It provides protection against claims by third parties, including service users and members of the public, for death, illness, loss or injury caused by the negligence of the organisation. It is particularly important that public liability insurance is in place when an organisation is providing a service to a third party for a fee. Public liability insurance may be extended to insure the organisation against claims by volunteers: a protection that is particularly important for volunteers who become involved in one-off or occasional activities and who may not be regarded as authorised volunteers under the terms of employers’ liability insurance. Protection against loss or damage to property arising through the negligence of someone acting with the authority of the organisation, including a volunteer, may also be included. Once again, it is important that the inclusion of volunteers is explicitly stated in the policy."
While we have no formal contract with our volunteers, our insurance policy includes, under the 8 categories of employee, the wording "Any person while working for You in connection with the Business who is... a voluntary helper"
Arthur Grosset
Monks Eleigh Community Shop
You might also find the following extracted from our advice sheet on "manning the shop" relevant.