Employment status of volunteers – Groom v Maritime and Coastguard Agency (EAT May 2024)
Mr Groom was a volunteer in the Coastal Rescue Service who worked under a “volunteer agreement”. Whilst some of the activities he carried out were for no payment, many others were paid for upon submission of a claim for payment. Mr Groom was invited to a disciplinary meeting but, being regarded as a mere volunteer not extended the right to be accompanied by a statutory companion. Only employees and statutory workers have the right to be accompanied. He brought a claim to establish he was a worker i.e. that his contract with the Maritime and Coastguard Agency was one under which he undertook to perform services personally other than in the course of his own business.
In Groom v Maritime and Coastguard Agency (EAT May 2024) the tribunal rejected the claim, but on appeal the Employment Appeal Tribunal found that Mr Groom was a worker during those periods when he was carrying out activities he could be paid for. A contract was effected each time he carried-out an activity the Coastal Rescue Service agreed to pay for in accordance with a Code of Conduct which set out minimum levels of attendance at training and incidents. The critical factor was that the “volunteer” had the right to be paid whether or not, in the event, he claimed payment.
Practical tip
The devil is in the detail of all types of contracts of employment and, as this case illustrates, not just “atypical worker” contracts like Mr Groom’s. This contract compromised the Code of Conduct and the promise to pay for certain activities carried out upon submission of a payment form. Moreover, Mr Groom should be careful what he wishes for because being a ‘worker’ is not a one way bet. He could, for example, be personally liable for subjecting co-workers to detriments!
