The terms volunteer and voluntary worker are often used interchangeably, but they have different legal meanings. Understanding the difference is important when advertising opportunities.
What is a voluntary worker?
A voluntary worker is a specific legal category defined under the UK’s National Minimum Wage Act 1998. Voluntary workers typically work for charities, voluntary organisations, associated fundraising bodies, or statutory bodies under a contractual arrangement, but without receiving wages.
What is a volunteer?
A volunteer gives their time freely and is not under a contract or legal obligation to carry out work. Volunteers are not considered workers in legal terms and can stop volunteering at any time.
Voluntary workers are not entitled to the minimum wage if they’re working for a charity, voluntary organisation, associated fund-raising body or a statutory body and they do not get paid, except for limited benefits (for example reasonable travel or lunch expenses).
If an employer has set up a charitable company (limited by guarantee), or a charitable trust or an unincorporated charitable association, we will also look for a registered charity number to approve any voluntary worker role submitted. If a charitable incorporated organisation (CIO) has been set up and registered with the Charity Commission, there will usually be a registered charity number associated with it. Without this, a voluntary worker role cannot be submitted, which is not the same as a volunteering role.
What differentiates voluntary workers and volunteers?
A voluntary worker has an agreement to carry out work, and the organisation has an obligation to provide that work, whereas a volunteer can join freely on a goodwill basis. Voluntary workers are classed as workers but are exempt from the National Minimum Wage Act. Both volunteers and voluntary workers can receive out-of-pocket expenses, such as transport costs, but voluntary workers should not receive benefits in kind unless they are necessary for the role, such as accommodation or training.
In terms of eligible organisations, voluntary workers can only be placed with charities, voluntary organisations, associated fundraising bodies, or statutory bodies. Volunteers, however, can give their time to a much wider range of organisations, not just charities.
Advertising for a voluntary worker or a volunteer
When advertising volunteer opportunities, it is important to use language that reflects the voluntary nature of the role.
For volunteers, the language used should not suggest employment or imply a volunteer is under contract to perform specific tasks. You can refer to a volunteer agreement rather than a contract. This is because if a volunteer is treated as an employee, they may be eligible for full employment rights and the organisation in breach of employment law.
We recommend looking at the National Council for Voluntary Organisations (NCVO) guidelines for writing volunteer adverts. The tone can be welcoming and non-contractual, so the relationship is a mutually beneficial as volunteers are not a replacement for paid staff.
Non-profit organisations that are not charities may heavily depend on volunteers. They should therefore avoid wording that suggests employment or contractual obligations. For example, terms such as job, contract, or must can imply an employment relationship and should be used with caution. If a volunteer can demonstrate that they are in fact working under a contract and prove ‘mutuality of obligation’, they would be entitled to the Equality Act 2010 and be eligible for the national minimum wage, so it is important to clarify whether you are seeking volunteers rather than voluntary workers.
If you are part of an organization and unsure of the nuance between voluntary workers and volunteering and whether you can take on either of these, we recommend contacting the Charity Commission or seeking legal advice for clarity.
If you are an employer looking for UAL students and graduates to make a creative impact, why not post your opportunities on Creative Opportunities? Run by Careers and Employability, it is the go-to hub for creative students and graduates. You can post jobs, paid internships, competitions, and volunteer roles. If you are looking for an art, design, communications, or a performance student or graduate, then this is the place for you! Our goal is to help you build your perfect creative team!