36. Is training a ‘consideration’ and if we give our volunteers training do we risk setting up a contract with them?

Training can be counted as a 'consideration' (that is, a payment in return for work forming part of a contract) but only if you are giving a volunteer training that is in no way relevant to their role in return for work that they have done for you. So, for instance, if you pay for all volunteer gardeners who have been with your organisation over a month to go on computer training, even though your organisation does not own a computer, you are in effect making a payment in return for work done and creating a contract of employment. As training must be necessary for the volunteer role to not count as a consideration it is important to make sure that any training is open to all volunteers and that being eligible for training is not reliant on them having volunteered for a set period of time. (see Q40 for information about contracts and the National Minimum Wage)