Whether you are a volunteer or really a worker, what expenses you can be paid, the minimum wage exception for charities, volunteering on benefits, free AccessNI checks and where to get help in Northern Ireland.
Describe what has happened. The checker answers only from this guide, plus what you tell it, and says so if something is not covered.
Check My Situation →People who volunteer in Northern Ireland and want to know whether they are really a volunteer or a worker, what they can be paid, and what protection they have.
Volunteers are not workers, and they do not have contracts like employees. Volunteers are not entitled to the minimum wage, holiday or sick pay, or other statutory employment rights.
The organisation should give you a volunteer agreement, a description of your volunteer role and its volunteer policy. The volunteer agreement should explain the role, what you can expect from the organisation, whether expenses are paid, the supervision and support you will get, insurance cover, equal opportunities, and how disagreements will be resolved.
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.
There have been cases where volunteers succeeded in claiming to be a worker, or even an employee.
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.
An organisation can pay back the actual expenses you have when volunteering, such as travel, food, drink or equipment you need, and out-of-pocket costs such as phone calls, stationery or postage.
You may need to pay tax on your driving expenses if you get back more than you spent.
The National Minimum Wage Act 1998 applies across the UK, including Northern Ireland.
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 the LRA.
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.
A genuine volunteer cannot claim unfair dismissal, however long they have volunteered, because volunteers do not have statutory employment rights.
If you were really a worker or an employee all along, it is that status, not the length of time, that gives you rights.
Volunteers have the right to expect to be safe when they are volunteering.
In Northern Ireland, health and safety at work is enforced by the Health and Safety Executive for Northern Ireland (HSENI) and the district councils.
For a question about a safety risk, use the health and safety checker.
You can volunteer while receiving benefits as long as you keep meeting all the conditions of your benefit. It is best to talk about your voluntary work with the office that pays your benefit before you start.
For benefits, you count as a volunteer if you get no money for the work (expenses do not count), are not legally obliged to volunteer, and do something for a not-for-profit organisation and for someone who is not a family member.
Money you get apart from expenses, including payment in kind and pocket money, will usually be treated as income when your benefit is worked out. If you volunteer full-time and get an allowance from the organisation, you will not usually be eligible for benefits.
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. If you are not sure about anything you are given, contact your Jobs and Benefits office.
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.
If you get Employment and Support Allowance, tell the Employment and Support Allowance Centre about your volunteering before you start.
If a volunteer role needs a standard or enhanced check, AccessNI provides it free to a volunteer working in a non-profit organisation, for the good of the community, with only travelling and other out-of-pocket expenses, and not for their own benefit or a close relative.
AccessNI charges for a standard or enhanced check if you volunteer directly for a statutory organisation, or in a non-profit post that delivers statutory services under contract or in a project where the organisation gets government funding for volunteer checks.
Some umbrella bodies that send applications to AccessNI charge volunteers their own fee.
These only matter if you are really a worker or an employee.
Labour Relations Agency (LRA): 03300 555 300. Early conciliation, and free, confidential and impartial advice on employment rights.
Equality Commission for Northern Ireland: 028 9050 0600. Enquiries about equality or discrimination.
Health and Safety Executive for Northern Ireland (HSENI): 0800 0320 121.
Volunteering advice: Volunteer Now.
If you are in a trade union, it can give you help, advice and support.
Advice NI: 0800 915 4604
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