The claimant worked as a volunteer for the respondent charity and claimed constructive dismissal. She was the main driver behind the establishment of a shop outlet and indeed it was she who found the premises and negotiated with its owner to rent it to the charity.

Much of the claimant’s case was based upon her assertion that she was in fact the manager of the shop, implying a formal position, with a contract of employment. While the claimant was separately appointed as a salaried fundraiser she received no salary for working in the shop and there was no evidence of a formal management structure within the shop. 

The tribunal concluded that the true legal situation was that there was no actual designated employment role of shop manager.  It further noted that its conclusion did not mean that there was not a need for one, nor that the claimant did not de facto manage the shop. The claimant was held not to have been an employee and therefore could not be dismissed, constructively or otherwise, from a job which did not exist. The claim was dismissed.

This case raises an interesting question about the legal position of volunteers. There is no legal definition of a 'volunteer' and no legislation exists covering employer-volunteer relationships.  Their status is obviously important as the extent of the rights acquired is dependent on whether they are an 'employee' or a 'worker' or even a genuine volunteer. 

This case was complicated slightly by the fact that the claimant was employed separately as a fundraiser but that role differed substantially from her role in the shop. 

Employers will find it easier to rebut any claims of employment by avoiding financial remuneration or anything which may be considered ‘consideration’ which points towards an employment contract. Some sort of ‘volunteer agreement’ which clarifies the role of the volunteer and expectations is preferable. This should not be an adapted contract of employment and should avoid specific obligations since, unlike employees, volunteers are free to come and go as they wish.