A guide to volunteer agreements (volunteer agreement template included)

In our in-depth guide below, discover what a volunteer agreement is, what it should include, and a downloadable template to use.

What is a volunteer agreement?

A volunteer agreement is a type of document which helps organisations/charities and volunteers to understand exactly what is expected of each other. It is designed to be a two-way agreement and can be phrased in terms of “rights and responsibilities” or “hopes and expectations.”

It is important to remember that a volunteer agreement is not a contract (contracts are for staff), and it is not legally binding, so you do not legally have to put a volunteer agreement in place. If you decide to not use a volunteer agreement, then you should consider how else you can show your volunteers what you expect from them, such as via training and meetings.

Perceived advantages of a volunteer agreement

• A volunteer agreement provides a written reference of the relationship between the volunteer and the organisation.
• It clearly sets out what is expected of the volunteer and what their commitment is.
• It explains what the volunteer can expect from the organisation/charity.

Perceived disadvantages of a volunteer agreement

• There is a risk that it can be interpreted as a contract of employment, especially if it sets out regular hours each week, or if it mentions promising to reimburse money for expenses rather than paying out expenses up front.
• The information could be duplicated and displayed in other documents, such as organisational handbooks and policy documents.
• As the volunteer agreement is not a legally binding document, it may be of limited use.

What should you include in a volunteer agreement?

Volunteer agreements can be simple or complex, depending on the size of the organisation/charity and the various regulation it is required to follow. In a standard agreement, many organisations/charities agree to:

• provide an induction and the required training for the role.
• give regular support to the volunteer.
• assign a named person (usually a member of staff, not another volunteer) to provide support for the volunteer.
• treat volunteers in line with an equal opportunities policy. pay the volunteer’s expenses.
• ensure they have insurance protection for volunteers.
• follow good health and safety practice.

To help you create a volunteer agreement, we have created a downloadable volunteer agreement template to allow you and your volunteer to share expectations of each other. Click below to download.

Volunteer agreement template.

What can volunteers be expected to do under the agreement?

A volunteer agreement typically expects volunteers to:

• Work within the organisation’s relevant policies and procedures, which could include health and safety, confidentiality, equal opportunities, and data protection.
• Work within the boundaries of their role.
• Honour any agreed time commitments required by the role and to inform the organisation/charity if they are unable to volunteer for any reason.

What signing the agreement might entail

Many organisations have signed records as reference points, and liability insurance purposes in some cases for. If this is the case, it is important to explain the volunteer agreement is not a legally binding document.

To avoid creating a document that reads like a contract, a disclaimer can be added, 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.”

What is the UK law regarding volunteers?

The law around volunteers is less clear than it is for paid staff who work under Employment Law, as there is no “Volunteer Law” or “Volunteer Act”. However, there have been some cases where Employment Law has been applied when expenses, benefits and language have been questioned.

Age limits to volunteering

Young people can volunteer; however, some organisations may impose a minimum age limit, which depends on what the role entails. There is no upper age limit for volunteers, but some organisations may have their own restrictions, such as for volunteer drivers.

Volunteering if you are a non-UK citizen

Non-UK citizens can volunteer, but it is advisable to check with UK Visas and Immigration, previously known as the UK Border Agency, to ensure a non-UK citizen’s immigration status allows them to volunteer.

DBS checks

It is important to be aware that it is illegal to perform a DBS check on someone unless they are:

a) regularly caring for, supervising, training or in sole charge of a child or vulnerable adult.

b) undertaking a regulated activity which involves contact with children or vulnerable adults and is:

• of a specified nature (including teaching, training, care, supervision, advice, treatment, or transport)

• or in a specified place (including schools, children’s homes, hospitals, juvenile detention facilities, adult care homes)

• or ‘frequent’ (once a month) or ‘intensive’ (4+ times in a 30-day period) or overnight.

Expenses and benefits

It is advisable to pay for expenses up front rather than to reimburse them. To avoid any issues that could be considered as employment, it is also advisable to avoid benefits and material incentives as these could be considered as a form of payment.

Use of language in volunteer agreements

To ensure your volunteer agreement cannot be misinterpreted as a contract of employment, ensure the language used reflects that it is for a volunteering role e.g., “volunteer” not “employee”, “expectation” rather than “obligation”, and “role” not “job”.

Data protection

As a charity, you are likely to hold 'personal' data, as defined by the Data Protection Act 2018. To comply with legislation and avoid facing costly fines relating to data protection and the misuse or mishandling of confidential data, you must ensure that all information stored by your charity is kept accurate and up-to-date, and safe and secure.

Regarding volunteer data, your organisation needs to consider:

1. Do your volunteers know what you do with their personal information? Using the volunteer’s basic details on an application form to determine the selection process is implicit, for which you do not require explicit consent. However, if you then ask for explicit information such as gender, health, ethnicity, religion, you will require explicit consent.
2. The safety and security of the personal information that you hold. Most businesses now keep digital records rather than paper files, which are vulnerable to cyber criminals if they are not secured with cyber security measures. It is also important to ensure only certain members of staff have access rights to the data you hold to ensure your volunteers are protected.

Protection for your charity and volunteers 

Protecting your charity, staff and volunteers, and third-party visitors and suppliers, to ensure they are covered should something go wrong is essential. Therefore, understanding the types of insurance available to your charity and what each policy can cover is vital.

At Markel Direct, we offer a range of insurance policies for charities and community groups to help protect against a range of risks, including:

• Financial instability.
• Regulatory risk.
• Loss of credibility among service users, families, and other stakeholders.
• Exposure to liability claims or negligence claims.  

Discover help and guidance for charities or read more about our charity insurance.

Please note: This article provides guidance for information purposes only and is accurate at the time of production. It should not be relied upon wholly when making or taking important business decisions – always seek the services of an appropriately qualified professional. The views expressed by websites referenced to are limited to those of the websites, and do not necessarily reflect the views of Markel Direct. Markel Direct is not affiliated with any of the brands, companies or websites mentioned in this article.