Volunteer Rights: England, Wales and Scotland

Who this guide is for

People who volunteer in England, Wales or Scotland and want to know whether they are really a volunteer or a worker, what they can be paid, and what protection they have.

What this guide does not cover

• Northern Ireland: see the Northern Ireland guide.
• Working out whether you have been paid the minimum wage, and how much you are owed: use the minimum wage checker.
• Your rights in a paid job: use the employee rights checker.
• Which criminal record check a role needs and what it will show: use the criminal record checks checker.
• Your exact tribunal deadline: use the tribunal deadline checker.
• Which worker rights other than the minimum wage a voluntary worker has, tax on volunteer payments other than driving expenses, volunteering abroad, and insurance claims. This guide does not cover them: ask Acas or Citizens Advice.

The questions that decide the answer

1. Where do you volunteer? In England, Wales or Scotland, this guide applies. In Northern Ireland, see the Northern Ireland guide.
2. What do you get? Only money back for costs you actually had, or anything more: a regular or flat payment, more than you really spent, perks, or a promise of a contract or paid work?
3. Do you have to turn up? Can you come and go as you please, or must you do set hours or duties, with a sanction if you do not?
4. Who do you volunteer for? A charity, voluntary organisation, fundraising body or public body, or a business?
5. Do you claim benefits? Your benefits office must be told about your volunteering before you start.
6. What has gone wrong, and when? If you are really a worker, tribunal claims have short deadlines.

"Am I a volunteer or a worker?"

You do not have a contract of employment as a volunteer, so you do not have the same rights as an employee or worker. Acas also says volunteers do not have the same rights as employees and workers.

You will usually be given a volunteer agreement. It explains things like the supervision, support and training you will get, whether you are covered by the organisation's employer or public liability insurance, health and safety, and which expenses are covered. A volunteer agreement is not compulsory, and it does not form a contract between you and the organisation.

HMRC describes a genuine volunteer as someone who gives their time and effort completely freely, can come and go as they please, is under no obligation to provide their services, and suffers no sanction for not doing their volunteer duties.

You might be classed as an employee or worker rather than a volunteer if you get any payment, reward or benefit in kind other than expenses. This includes any promise of a contract or paid work in the future.

Regular payments, expenses greater than you could realistically have spent, or perks could show that you are really a worker, even if you think you are a volunteer. A worker is entitled to the minimum wage, unless the voluntary worker exception below applies.

A genuine one-off gift of money that you did not expect, of a reasonable amount and with no obligation attached, is not likely to give you the right to the minimum wage.

"What expenses can I be paid?"

You are not paid for your time as a volunteer, but you may get money to cover reasonable expenses, such as food and drink, travel, childcare costs, and specialist equipment you need for the work.

You may need to pay tax on your driving expenses if you get back more than you spent.

"I volunteer for a charity and have set hours"

Someone who works for a charity, a voluntary organisation, an associated fundraising body or a statutory body can be a worker in law and still not qualify for the minimum wage. HMRC calls them voluntary workers.

A voluntary worker does not qualify for the minimum wage if they get no money except expenses they actually had (or that were reasonably estimated), and no benefits in kind except some or all of their subsistence or reasonable accommodation.

This exception is in section 44 of the National Minimum Wage Act 1998, and it does not apply to work for a business. Any other payment or perk takes a worker outside it.

The exception is only about the minimum wage. This guide does not cover which other worker rights a voluntary worker has: ask Acas.

"I'm an intern or doing unpaid work experience"

HMRC says the word "intern" has no bearing on whether someone is a worker. An intern may be a volunteer, a voluntary worker or a worker.

If you get anything beyond expenses, or a promise of a contract or paid work, you may be a worker entitled to the minimum wage: use the minimum wage checker.

"They told me to stop volunteering"

A genuine volunteer is not an employee, so cannot claim unfair dismissal, however long they have volunteered. Unfair dismissal protection is an employee right.

If you were really a worker or an employee all along, it is that status, not the length of time, that gives you rights.

In 2012 the Supreme Court decided that a volunteer with no contract was not protected by the employment part of disability discrimination law (X v Mid Sussex Citizens Advice Bureau). If you think you were treated unfairly because of a disability or another protected characteristic, ask Acas or Citizens Advice.

"Am I protected by health and safety law?"

If an organisation has at least one employee, it has duties under health and safety law, and it must protect volunteers as well as employees from risks from its work. It must include volunteers in its risk assessment.

Health and safety law does not generally apply to a group with no employees, such as local residents who come together to organise a street party.

For a question about a safety risk, use the health and safety checker.

"I claim benefits: can I volunteer?"

You can volunteer while getting benefits as long as you keep meeting all the conditions of your benefit. You cannot volunteer for a close relative, such as a parent, grandparent, child, grandchild, brother or sister.

Tell the office that pays your benefits before you start: your hours and days, what you will do, any expenses, and any money or anything else you get on top of expenses. Tell them again if your hours or days change or you stop.

If you get Universal Credit, volunteering can count for up to half of the time you agree to spend looking for and preparing for work in your Claimant Commitment.

Reasonable expenses paid by the organisation will not usually affect your benefit. Money that is not for a reasonable expense may stop your benefit or reduce it.

Work that someone would normally be paid for, such as work in a business, is unpaid work, not volunteering. The pay you would normally get may be counted as your earnings (notional earnings).

If you have a health condition or disability, you will not need a Work Capability Assessment just because you start volunteering.

"Do I need a criminal record check?"

If you have a criminal record you can still volunteer in most roles, depending on your offences. You might need a check to volunteer with children or vulnerable adults.

In England and Wales, standard and enhanced DBS checks are free for volunteers. The free rate is for those two levels only. The organisation that sends the application may charge its own admin fee.

For a free DBS volunteer check you must not be paid (except travel and other approved out-of-pocket expenses), benefit financially from the role, be on a work placement, be on a course or in a trainee post that leads to a job or qualification, or be a paid foster carer or a member of a foster care household. The DBS Update Service is also free for volunteers.

In Scotland, PVG scheme membership is free for volunteers with qualifying voluntary organisations.

Deadlines you must meet

These only matter if you are really a worker or an employee.

• Before most employment tribunal claims, you must notify Acas to start early conciliation.
• Unpaid wages at an employment tribunal: 3 months less 1 day, or 6 months less 1 day where the act (or the last act in a series) happened on or after 1 October 2026.
• You can also complain about minimum wage pay to HMRC using the GOV.UK "complain about pay and work rights" form. HMRC cannot take your complaint forward if you have already started a tribunal claim about the minimum wage.
• Your exact date depends on your facts: the tribunal deadline checker works it out.

Money figures

• Minimum wage from 1 April 2026, for workers who qualify: £12.71 an hour at 21 and over, £10.85 at 18 to 20, £8.00 under 18, and £8.00 for apprentices.

Traps

• Being called a volunteer, or signing a volunteer agreement, does not stop you being a worker if what really happens is different.
• An allowance bigger than the costs you really had can count as pay, not expenses.
• A business cannot use the charity exception to avoid paying the minimum wage.
• Volunteering for a long time does not, on its own, give you employment rights.
• A complaint to HMRC does not pause your tribunal time limit. Notifying Acas for early conciliation does.