Latest in Employment Law>Case Law>Valerie Beattie v Charis Cancer Care Limited & Friends of Charis Limited [2018]
Valerie Beattie v Charis Cancer Care Limited & Friends of Charis Limited [2018]
Published on: 15/03/2018
Article Authors
The main content of this article was provided by the following authors.
John Taggart BL
Background
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 claimantās 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.Ā
The tribunal concluded that the true legal situation was that there was no actual designated employment role of shop manager.Ā 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.
Practical Lessons
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.Ā 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.Ā
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.Ā
Employers will find it easier to rebut any claims of employment by avoiding financial remuneration or anything which may be considered āconsiderationā which points towards an employment contract. Some sort of āvolunteer agreementā 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.
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The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 15/03/2018
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