At 3VA we are always happy to help groups with queries relating to recruiting and retaining volunteers. Recently, in light of ongoing speculation and (at that time) the uncertainties surrounding Brexit we were asked about how voluntary & community groups should approach asking potential volunteers about their rights to volunteer in the UK.
We approached the National Council for Voluntary Organisations (NCVO) about this and we were very pleased and grateful to receive the following advice:
Unlike with paid employees, there is no obligation for organisations to check if prospective volunteers have the right to volunteer in the UK. The onus is on the prospective volunteer themselves to check if they have a right to volunteer. With this in mind, we would advise putting something on the form along the lines of ‘if you are not a UK, EU or EEA national, please check that you have the right to volunteer in the UK’ (then you can link to this section of the NCVO website that shows which categories are permitted to volunteer).
However, an important point to bear in mind is if there is any possibility that a volunteer could be deemed to be working under a contract, either as an employee, paid worker or voluntary worker, then a right to work check should be carried out by the organisation. Charities are liable to strong penalties under the Immigration, Asylum and Nationality Act 2006 if they are deemed to be employing people who do not have the right to work in the UK. Further rules are set out in the Immigration Act 2016.
Legally then, the onus is on the potential volunteer and not the organisation to check their eligibility. At 3VA we are aware of and committed to supporting a shared value within the voluntary & community sector about wanting to make volunteering as accessible as possible to everyone and not to create or enhance potential barriers to people wanting to volunteer. For that reason, we would encourage groups to adopt the wording suggested by NCVO in any volunteer applications you use and to back this up by supporting people to access the relevant information on the NCVO website. Please do be aware though of the potential risks associated with doing anything (unintentionally or otherwise) that might be deemed as creating a ‘contract’ with a volunteer and if you are in any doubt about that, please feel free to contact us on 01323 639 373 or at info@3va.org.uk.
You may be interested to know that we run regular training workshops on engaging and involving volunteers (FREE to 3VA members) and our next event is How to attract & retain more volunteers in Lewes on 13 February. We will also run two free Volunteer Coordinators’ Networking Forums (VCNF) in spring/summer time – check our website or the newsletter for dates.
