Groom v Maritime and Coastguard Agency

The Employment Appeal Tribunal (EAT) have recently assessed whether volunteers can be regarded as workers, therefore, gaining them rights under employment law. It was found in Groom v Maritime and Coastguard Agency that a volunteer (who was awarded pay for certain tasks) met the definition of a ‘limb (b) worker’ who attracted the same employment law rights as workers. Our employment law experts share the important points employers should take from the case and tips for dealing with volunteers.

What were the facts?

The appeal was brought by a Coastal Rescue Service volunteer who argued that he had been deprived of the right to be accompanied at a disciplinary hearing, which is a right afforded under s10 of the Employment Relations Act 1999. This right, however, is only afforded to those who meet the definition of a ‘worker’ under s13 of the Employment Relations Act 1999. The defendant argued that the claimant held no such right, as the claimant was merely a volunteer.

The Decision

It was held that volunteers can meet the definition of a ‘worker’. Each case will be dependent on its facts. In this case, the fact the claimant had a right to apply for pay for most of the tasks he undertook was an important consideration (regardless of whether the claimant claimed it or not). The claimant turned up to undertake specific tasks, knowing that he had a right to receive pay for the completion of those tasks. It was held that such an arrangement suggested that a contract existed between the claimant and the defendant. Therefore, the claimant should have been afforded the employment rights of a worker.

What should employers learn from this case?

Employers must be aware that even volunteers can have employment rights, which employers must recognize to avoid disputes. Employers should:

1. Apply the legal test for being a ‘worker’ accurately when deciding the status of a volunteer – this may require legal advice if there are complex arrangements;
2. Ensure they respect the employment rights of volunteers who satisfy the ‘worker’ definition;
3. Ensure any documentation in place is drafted carefully to note the actual terms of the arrangement clearly;
4. Remember that offering pay to volunteers could make them entitled to worker rights.

It is important to emphasize that this precedent should not be applied universally to volunteers. The claimant in this case was given pay for certain tasks and the EAT gave no direction on what the position would be for a volunteer who does not receive pay. However, this case highlights the need for employers to be careful in their treatment of volunteers in order to avoid depriving any volunteers of their legal rights.