The Court of Appeal in Maritime and Coastguard Agency v Groom, ruled that volunteers could have the legal status of ‘worker’, giving them access to a range of employment rights currently available to workers, known as ‘Limb B workers’.
The court made two crucial findings: (1) a contract did exist between the parties during each callout; and (2) whilst at a callout a CRO (as defined below) met the definition of a worker.
Background of the Case
Mr Groom (the Claimant) was a volunteer coastguard rescue officer (CRO) for the Maritime and Coastguard Agency (MCA). He considered himself a worker under s.230(3)(b) of the Employment Rights Act 1996 and should therefore have the right to be accompanied by a trade union representative at a disciplinary appeal hearing. The MCA did not consider him a worker and did not allow him to be accompanied.
Overturning the decision of the Employment Tribunal, the Employment Appeals Tribunal (EAT) found in Mr Groom’s favour and the MCA appealed to the Court of Appeal. The Court of Appeal unanimously dismissed the appeal.
Reasoning of the Court
Whilst not obliged to attend any particular incident, the court found that when a CRO did choose to attend, a contract existed between the CRO and MCA in respect of each callout.
A Volunteer Handbook, Code of Conduct and remuneration document collectively governed the relationship between the parties. The court also found that legal obligations were imposed on both parties whilst a CRO was at an incident: the MCA were obliged to pay the CRO if a remuneration claim was made (in reality, a number of CROs choose not to claim remuneration/expenses for their time); and the CRO is obliged to comply with reasonable instructions whilst at an incident.
A contrasting feature of this case, compared to other cases of volunteering, is that CROs receive remuneration as compensation for disruption to their personal lives and employment, rather than being only entitled to out-of-pocket expenses. The EAT observed in their judgment, that “a payment in compensation for interference with a person’s use of their time is the essence of remuneration”.
Practical Implications
Organisations relying on ‘volunteers’ should carefully review their remuneration arrangements and seek advice, where necessary, to assess whether those volunteers will likely fall within the definition of ‘worker’ which would afford them worker rights.
Rights available to Limb B workers include (but are not limited to) the right to be:
- Paid the National Minimum Wage;
- Paid holiday;
- Protected for whistleblowing and against discrimination;
- Accompanied to a disciplinary or grievance hearing; and
- Entered into a workplace pension scheme (subject to qualifying criteria).
