Volunteering as a worker - or working as a volunteer

Charities may need to look again at their volunteer arrangements.

In the recent case of Maritime and Coastguard Agency v. Martin Groom (2026), the Court of Appeal gave a decision of great significance to the charity sector, or indeed for anyone who purports to engage volunteers.

The Coastguard Agency (CA) operated arrangements whereby Coastguard Rescue Officers (CROs), who were described as volunteers, could submit a claim for payment for certain activities.

The CA argued that there was no contract between the parties and that, effectively, the CRO would be entitled to down tools when he wished. The CRO argued that since the express terms of the documents entitled him to claim and receive remuneration for attending and completing prescribed activities in accordance with stipulated minimum attendance requirements, this evidenced a classic wage/work bargain. The Claimant’s services were not provided gratuitously.

The Court of Appeal agreed with the CRO. It is not a bar to worker status that there is no obligation to attend work for any particular number of hours, and the point here was that the CRO did attend work and was entitled to be paid for it.

In other cases involving “true” volunteers, there has been no right to be paid except for expenses. Here, a CRO had a right to be paid for their time and inconvenience in working - the CRO was a worker - case dismissed.

Although this particular case focussed on the right for a worker to be accompanied at a disciplinary hearing, the same principles apply to much more valuable rights, such as the National Minimum Wage and paid holiday.

All those engaging “volunteers” should check that their current arrangements still work as they may have intended them to do.