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
Volunteering sits at the heart of charities, community groups, sports clubs, and countless not-for-profit projects across the UK. When someone gives their time freely, both sides usually want a sense of what to expect from each other, which is where a Volunteer Agreement comes in.
The tricky part is that a poorly worded document can accidentally turn a goodwill arrangement into something that looks a lot like employment in the eyes of a tribunal. That has real consequences: minimum wage, holiday pay, unfair dismissal rights, and more.
This guide walks through what a Volunteer Agreement is for, what it should and should not say, and how organisations can protect the informal nature of the relationship while still setting sensible boundaries. It is written for trustees, managers, and coordinators who want to get the balance right from the start.
What this document is
A Volunteer Agreement is a written understanding between an organisation and someone donating their time. It is not a contract of employment, and the whole point is that it should not read like one. Instead of listing duties, deadlines, and penalties, it describes what both parties hope the arrangement will look like in practice: the kind of activities the volunteer might help with, what support and training will be on offer, and how expenses are handled.
The document typically uses soft language such as 'hopes', 'expectations', and 'usually' rather than 'must', 'shall', or 'required'. That choice of wording matters. Under employment law in England and Wales, tribunals look at the reality of a working relationship, not just the label on the document.
If an agreement imposes binding obligations or offers anything that resembles a wage, a volunteer could later argue they were in fact a worker or employee. A well drafted Volunteer Agreement keeps the arrangement firmly in the voluntary sphere while still giving both sides a reference point if questions come up later.
How to use this document
Decide what the role actually involves. Before drafting anything, sit down and map out what the volunteer will typically be doing, how often, and in what setting. Keep the description broad and flexible rather than rigid. Avoid fixed hours, shift patterns, or targets, since those features tend to look like employment terms if the arrangement is ever scrutinised.
Use language of expectation, not obligation. Frame the document around what the organisation hopes to offer and what it would appreciate from the volunteer. Words like 'we hope', 'where possible', and 'you are welcome to' keep things voluntary. Steer clear of 'you must', 'you are required to', or anything that sets up a binding duty on either side.
Handle expenses carefully. Only reimburse genuine out-of-pocket costs the volunteer has actually incurred, such as travel or materials, and ask for receipts where practical. Do not pay flat rates, honoraria, or round-sum allowances, because anything beyond real expenses can be treated as pay and risks triggering worker or employee status.
Cover support, training, and safety. Set out the induction, training, and supervision the volunteer can expect, along with how health and safety, safeguarding, insurance, and equal opportunities are handled. These protections are important for everyone involved and generally do not, on their own, create an employment relationship when framed as support rather than as contractual duties.
Make the non-contractual nature explicit. Include a clear statement that the agreement is not intended to be legally binding, that no contract of employment or worker relationship is created, and that either side can end the arrangement at any time. Have the document reviewed before rolling it out, especially if the organisation offers benefits, accommodation, or regular rotas.
Common questions
Q Do volunteers have employment rights in the UK?
Genuine volunteers usually do not have employment rights such as the national minimum wage, paid holiday, or protection from unfair dismissal. However, if the reality of the arrangement looks like work, with obligations to turn up, set hours, and payment beyond genuine expenses, a tribunal may decide the person is actually a worker or employee and entitled to those rights regardless of what the document says.
Q Can a Volunteer Agreement accidentally become an employment contract?
Yes, and this is the main risk. If the document imposes binding duties, sets fixed hours, or promises anything of financial value beyond reimbursing actual expenses, it can start to look like a contract. Courts and tribunals look at the substance of the relationship, not just the wording, so careful drafting and careful day-to-day practice both matter.
Q Can we pay volunteers a small thank-you amount?
Paying any sum beyond genuine out-of-pocket expenses is risky. Even modest flat payments, honoraria, or gift vouchers given regularly can be treated as wages and pull the volunteer into worker or employee status. If you want to show appreciation, non-financial thanks such as a social event or a certificate tends to be safer than cash or cash equivalents.
Q Should a Volunteer Agreement be signed?
It is common to ask both sides to sign, mainly to confirm they have read and understood it. A signature does not, on its own, turn it into a contract, and equally the lack of a signature does not stop a tribunal finding a contractual relationship if the facts point that way. What really matters is the wording of the document and how the arrangement works in practice.
Q Do we need insurance for volunteers?
Most organisations arrange public liability cover and, where appropriate, employer's liability style cover that extends to volunteers. Requirements depend on the activities involved and the organisation's structure. It is worth checking your existing policies and speaking to your insurer so that volunteers are properly protected while carrying out their role.
Q Can we dismiss a volunteer?
Because there is no employment contract, you are not 'dismissing' in the legal sense. You can end the arrangement, and the volunteer can walk away, at any time. That said, it is good practice to handle the conversation fairly, explain the reasons, and follow any internal procedures you have, particularly where safeguarding or conduct issues are involved.
Q Does a Volunteer Agreement cover interns?
Usually not. Interns often carry out work that benefits the organisation in a way that looks much more like employment, and many interns are legally workers entitled to the minimum wage. Labelling an intern as a volunteer does not change the legal position. If you are taking on an intern, it is worth getting tailored guidance before deciding what kind of arrangement applies.
Sources
This guide is based on primary UK law and official guidance.
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.