🤝 Volunteering & Care Sector Guide
Volunteering & Care Worker Rights in 2026
Whether you volunteer, work in social care, or care for a family member, this guide explains your rights — from carer's rights at work to volunteer protections and care worker entitlements.
✅ Last verified: July 2026📚 Sources: GOV.UK, Citizens Advice🇬🇧 Applies across the UK
⚖ Know Your Rights at a Glance
- Volunteers are not employees and have no entitlement to the National Minimum Wage — but genuine workers doing regular shifts may be entitled to NMW regardless of how they're labelled.
- Carer's Allowance: £86.45/week if you provide at least 35 hours of care per week to someone receiving certain disability benefits. Earnings limit: £204/week.
- Care workers are employees and have full employment rights — including NMW, holiday pay and protection from unfair dismissal.
- Sleep-in shifts: Following the Supreme Court (Mencap v Tomlinson-Blake 2021), care workers are only entitled to NMW for hours they are awake and working during a sleep-in, not the entire shift.
- Carer's Leave Act 2023: 5 days' unpaid leave per year for employees with caring responsibilities — a day-one right.
- Flexible working requests can be made from day one of employment — employers must respond within 2 months.
Volunteer rights and risks
Volunteers are not employees and are not entitled to employment rights such as NMW, holiday pay or sick pay. A genuine volunteer:
- Freely gives their time without obligation
- Is not required to attend or complete tasks
- Receives no payment beyond genuine out-of-pocket expenses
However, if a volunteering arrangement becomes regular, controlled and involves real work for real benefit to the organisation, a tribunal may find that a "worker" relationship has developed — entitling the individual to NMW and holiday pay regardless of the label applied.
Care worker rights
If you work in social care — in a care home, as a home carer, or in supported living — you are an employee or worker with full employment rights:
- National Minimum Wage applies (£12.71/hour age 21+ from April 2026)
- You must receive an itemised payslip
- You are entitled to 5.6 weeks' paid holiday
- Travel time between service users counts as working time for NMW purposes
- You cannot be required to sign away your Working Time Regulations rights (48-hour week opt-out must be voluntary)
Sleep-in shifts: Following the Mencap Supreme Court ruling (2021), care workers are only entitled to NMW for periods they are actually awake and required to work, not simply for being on the premises overnight.
Carer's Allowance
Carer's Allowance is a benefit for people who provide at least 35 hours of care per week to someone receiving a qualifying disability benefit (such as PIP daily living component at the standard or enhanced rate, or DLA care component at the middle or highest rate).
The rate is £86.45 per week. You cannot earn more than £204 per week (net of certain deductions) while claiming Carer's Allowance. Carer's Allowance can affect other benefits — always check with Citizens Advice before claiming.
Unpaid carers' rights at work
If you have caring responsibilities alongside paid work, you have the following rights:
- Carer's Leave: 5 days' unpaid leave per year under the Carer's Leave Act 2023 — a day-one right
- Flexible working requests from day one — employers must consider these seriously and respond within 2 months
- Time off for dependants: Reasonable unpaid time off for emergencies involving a dependant (including sick children, elderly parents) — a day-one right
- Protection from discrimination if your caring responsibilities are linked to a disability (your own or the person you care for in some cases)
1
Check whether you're a volunteer or a workerIf you're doing regular shifts, being told what to do and when, and the organisation relies on you, you may be a worker with NMW and holiday rights — regardless of what you're called.
2
Track your working time if you're a care workerKeep records of all hours including travel between clients. If your pay falls below NMW when travel time is included, you may have an NMW underpayment claim.
3
Claim Carer's Allowance if you qualifyApply online at gov.uk. Check the eligibility criteria carefully — the earnings limit and qualifying benefit requirement must both be met.
4
Request flexible working if you have caring responsibilitiesPut the request in writing. Your employer must respond within 2 months. They can only refuse on specific statutory grounds.
5
Use your carer's leave entitlementFrom the Carer's Leave Act 2023, you have 5 days' unpaid leave per year. This doesn't have to be taken all at once.
6
Report NMW underpaymentsReport to the Fair Work Agency at gov.uk. This includes underpayments for travel time and sleep-in hours where you were awake and working.
Frequently asked questions
Am I entitled to NMW if I volunteer?
Not if you're a genuine volunteer. But if the arrangement is structured like employment — regular shifts, control, obligation — you may be a worker entitled to NMW. The label "volunteer" doesn't override the legal reality.
Does travel time count as working time for care workers?
Yes. Time spent travelling between service users (not commuting from home) counts as working time for National Minimum Wage purposes. If your pay per hour including travel time falls below NMW, your employer is underpaying you.
Can I claim Carer's Allowance and work at the same time?
Yes, but your net earnings must not exceed £204 per week. Carer's Allowance can also affect other benefits — check with Citizens Advice before making changes.
I care for my parent — do I have any rights at work?
Yes. You can take 5 days' unpaid carer's leave per year (Carer's Leave Act 2023), request flexible working from day one, and take reasonable unpaid time off for emergencies involving your parent.
My employer refused my flexible working request because of my caring responsibilities — can I challenge this?
Yes. Your employer must have a valid statutory reason for refusing. Refusing because caring responsibilities are associated with a disability (yours or the person you care for) could also be indirect discrimination.
Are volunteers covered by health and safety law?
Yes. Organisations have a duty under the Health and Safety at Work Act 1974 to protect volunteers as well as employees. Risk assessments, safe equipment and appropriate training should apply to volunteers too.
I look after someone at home — can I get a carer's assessment?
Yes. As an unpaid carer, you are entitled to a carer's assessment from your local authority, which considers your own wellbeing and support needs. This is separate from the assessment of the person you care for.
📞 Free help and support
Carers UK: carersuk.org — advice line 0808 808 7777
Carer's Allowance Unit: 0800 731 0297
ACAS: 0300 123 1100
Citizens Advice: 0800 144 8848
⚠ Important disclaimer: This guide covers volunteering, care work and unpaid carer rights in England, Wales and Scotland as at July 2026. General legal information only — not legal advice. Verify with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Not a law firm.