Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you run or help manage a charity in England or Wales, the relationship you have with your volunteers is one of the most valuable assets your organisation holds. A written volunteer agreement isn't a contract of employment, and it shouldn't be, but it does set out, in plain terms, what each side can reasonably expect from the other.
Written well, it prevents misunderstandings before they start, gives your trustees comfort that roles are properly defined, and makes volunteers feel their time and effort genuinely matter. Written badly, or drafted in language that sounds too much like an employment contract, it can unintentionally create legal obligations nobody wanted.
In this guide I'll walk through what a volunteer agreement does, what it should cover, the drafting traps to watch for, and where it fits within the wider legal landscape for UK charities.
What this document is
A volunteer agreement is a written understanding between a charity and an individual who gives their time freely to support the charity's work. It records what the volunteer will be doing, how often, who they report to, and the standards of behaviour and confidentiality expected of them.
Crucially, it is not an employment contract and is usually drafted to be deliberately non-binding in the contractual sense, this is important, because if the wording creates mutual obligations (for example, a duty on the charity to provide work and a duty on the volunteer to perform it in return for a benefit), a court or tribunal could decide the volunteer is actually a worker or employee, with all the rights that come with that status. A good agreement uses words like 'hope', 'expect' and 'usually' rather than 'must' and 'shall'.
It focuses on shared values and clear communication, not enforceable promises. Many charities call the document a 'volunteer handbook' or 'volunteer understanding' for that reason.
How to use this document
Identify who the agreement is between. Start by naming the charity (including its registered charity number, if applicable) and the volunteer. Include the role title the volunteer will hold, for example 'befriender' or 'shop assistant', so there is no confusion later about what activities the understanding covers. Keep the tone welcoming rather than formal.
Describe the role and what the volunteer will be doing. Set out the main activities in plain language, along with the hours or days the volunteer hopes to give. Use soft language throughout, 'we hope you'll be able to help with' rather than 'you will perform'. Mention induction, any training offered, and who the volunteer can turn to for support and day-to-day questions.
Cover expectations around conduct, confidentiality and data. Volunteers often encounter sensitive information about beneficiaries, donors or fellow volunteers. Explain what confidentiality means in practice, how personal data should be handled under UK GDPR, and what standards of behaviour apply, safeguarding policies, equality, and any code of conduct your charity follows.
Explain expenses, insurance and health and safety. Confirm what out-of-pocket expenses will be reimbursed and how to claim them, avoid anything that looks like payment for time, as this can tip the relationship into worker status. Outline what insurance cover applies while volunteering, and signpost your health and safety and safeguarding policies so volunteers know how to raise concerns.
Address how the arrangement can end and how concerns are resolved. Make clear that either side can step away from the arrangement at any time, without formal notice requirements. Describe how problems or complaints will be handled, usually a conversation with a named contact first, then a more structured process if needed. Finish by asking the volunteer to confirm they've read and understood the document, rather than 'signing a contract'.
Most volunteer agreements are deliberately drafted to be non-binding. That's intentional, if the document creates mutual legal obligations, a volunteer could be reclassified as a worker or employee, triggering rights to the minimum wage, holiday pay and more. The aim is a clear written understanding of expectations on both sides, not an enforceable contract. Language like 'we hope' and 'usually' is preferred to 'must' and 'shall' throughout the document.
Q Could a poorly drafted volunteer agreement turn a volunteer into an employee?
Yes, and this is one of the most common pitfalls. If the agreement uses contractual language, imposes strict obligations, promises payment beyond genuine expenses, or requires set hours in exchange for benefits, a tribunal may find that an employment or worker relationship exists. That brings entitlements to wages, holiday, sick pay and protection from unfair dismissal. Charities should keep the tone aspirational and avoid anything that looks like consideration passing between the parties.
Q Do we need a separate agreement for every volunteer role?
Not necessarily. Many charities use a single core document that sets out general principles, conduct, confidentiality, expenses, safeguarding, and then attach a short role description for each individual position. This approach keeps your paperwork consistent while still letting each volunteer see clearly what their particular role involves. Larger charities with very different volunteer functions (retail, befriending, trustees) sometimes prefer tailored versions for each category.
Q What should we say about expenses?
Reimburse genuine, receipted out-of-pocket costs only, travel, meals during long shifts, and similar expenses. Avoid round-sum allowances or anything that looks like payment for time, because HMRC and employment tribunals may treat these as wages. Make the claims process simple and explain it in the agreement. It's also sensible to mention that volunteers should keep receipts and submit claims within a reasonable period.
Q How does GDPR apply to volunteers?
Volunteers who handle personal data about beneficiaries, donors, staff or other volunteers must follow your charity's data protection practices. Your agreement should make clear that confidentiality and data protection obligations apply during and after their involvement, and that volunteers should only access information they genuinely need for their role. Providing basic data protection training at induction is good practice and helps evidence compliance if something ever goes wrong.
Q Can we end a volunteer arrangement if things aren't working out?
Yes. Because the agreement isn't an employment contract, there's no statutory notice period or unfair dismissal risk in the ordinary way. That said, treating volunteers fairly matters, both for your charity's reputation and because poor handling can prompt claims that an employment relationship existed. Have an honest conversation first, follow any process your agreement describes, and document what happened. Keep tone respectful throughout.
Q Do trustees need a different kind of agreement?
Trustees occupy a separate legal role and are governed primarily by your charity's governing document and the Charities Act 2011. They may sign a trustee code of conduct or declaration rather than a volunteer agreement. Some trustees also volunteer in other capacities, for example, helping at events, and in those situations a standard volunteer understanding for that activity can sit alongside their trustee role without conflict.
The line between a helpful written understanding and an accidental employment contract is narrower than most trustees realise. An experienced legal adviser can talk through your charity's setup based on what you describe and help you think through where the risks sit.
✓Plain-English answers to your specific questions about volunteer arrangements
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.