Volunteer agreements can be used to set out both an organisation's commitment to its volunteers, and what it hopes for from its volunteers. Such agreements act as a reference point for the volunteers, and a reminder to the organisation that it should meet the standards of good practice that it has set itself.
Reasonable expectations
Care must be taken to set out what the organisation will provide and how it will treat the volunteer and what it expects from the volunteer in such a way as to avoid the creation of mutual obligations, which could be regarded in law as creating a contract.
Typically in an agreement an organisation might commit:
• To provide a full induction and any training necessary for the volunteer role.
• To provide a named supervisor for the volunteer, with regular supervision meetings.
• To treat volunteers in line with its equal opportunities policy.
• To reimburse out-of-pocket expenses where there are receipts or similar evidence of cost to the volunteer.
• To provide insurance cover for the volunteers.
• To implement good health and safety practice.
A volunteer agreement might expect volunteers to:
• Follow the letter and spirit of the organisation’s policies and procedures, including equal opportunities, health and safety and confidentiality.
• To meet mutually agreed time commitments, or give notice if this is not possible.
Reducing risk
Organisations are understandably aware of the dangers of creating a contract with their volunteers, and can be reluctant to have any form of written agreement with them. However, as long as the organisation avoids any form of obligation or contractual language, any risk is outweighed by the benefits of having a written agreement. It’s also worth noting that in the ‘Grayson’ tribunal case the existence of an agreement was not seen as significant, as it was clarifying ‘reasonable expectations’.
Reduce obligations on the part of the volunteer
Any hint of obligation (for instance volunteers agreeing to volunteer for the next six months) runs the risk of the document being seen as contractual. It is better to talk of hopes and expectations, with the understanding that volunteers are free to come and go as they wish, and that there are no obligations placed upon them. One idea is to suggest that if the volunteers stay in the role for at least a specified time then both they and the organisation will get the most out of the experience.
Reduce perks that could be seen as ‘consideration’
Although this may be difficult if organisations have historically given their volunteers substantial benefits, clear perks are likely to be regarded as ‘consideration’ by tribunals.
Even benefits which are necessary for the volunteer to carry out their work, such as training, can be problematic if they’re couched in such a way so as to suggest an obligation on the part of the volunteer. For instance, some organisations ask prospective volunteers to commit to a specified amount of time in return for a qualification that could enhance the volunteer’s employability. Instead of placing an obligation on the volunteer, it would be better to emphasise that they would benefit more from actually putting the training into practice, rather than simply completing the training and then leaving.
Avoid giving volunteers income
It’s also important to make sure that volunteers are reimbursed for actual out-of-pocket expenses only, and that they submit receipts and transport tickets for their expenses claims. Whilst it may be more convenient to offer a flat rate, remember that any sum over actual expenses may be regarded as a consideration, no matter how small it is, which could create a contract.
Don’t make the relationship sound contractual
It’s best to avoid using very formal language or employment jargon, as this could imply contractual conditions. Nor should volunteer agreements be referred to as ‘contracts’, as it would be hard to argue that there wasn’t an intention to create a contractual relationship when referring to a document as a ‘contract’.
Make it clear that you don’t intend to create a contract
Where it is not practical or reasonable to remove all benefits or obligations, it makes
sense to state in volunteer documents such as agreements or policies that there is no intention to create a legally binding relationship, for example:
This agreement is not intended to be a legally binding contract between us and may be cancelled at any time at the discretion of either party. Neither of us intend any employment relationship to be created either now or at any time in the future.
It should be noted that this is not an easy get-out clause. If the arrangement between the organisation and its volunteers is regarded as contractual, such disclaimers are likely to be ignored by any tribunal or court.
Signing agreements
We advise against asking volunteers to sign volunteer agreements, as this can also appear contractual.
For more information on legal issues, please visit the Legal Issues and Volunteering section of the Good Practice Bank.
Sample agreements
These sample volunteer agreements are a starting point to help you draft an agreement that suits your organisation. We hope you will discuss and consult on the sample agreements and feel free to adapt them to suit your needs. The first agreement is more formal and detailed than the second one.
A volunteer agreement helps both the organisation and its volunteers by making expectations clear. Both agreements incorporate current thinking on what is good practice in managing volunteers. They also address the possibility of volunteers being considered employees in the eyes of the law.
A volunteer agreement is usually part of a set of documents, which includes a volunteer policy and volunteer role description. Advice on drawing up such documents is available from the online Good Practice Bank or by contacting the Information Service at Volunteering England.
Last reviewed: May 2009
Disclaimer
We have made every effort to ensure that this article was correct at the time of publication. It is intended as a summary of relevant issues to help you plan or develop your work with volunteers. Volunteering England is unable to accept liability for any loss or damage or inconvenience arising as a consequence of the use of this information.
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