Why Volunteer? Motivation Bingo In your pair write nine different reasons someone might want to volunteer. Your wish list Answer whichever of the following questions feels most comfortable… What do you, or your organisation, not have time to do? What would your organisation love to achieve? Which of your organisation’s aims are you struggling to meet? What are your dreams for this organisation or area of work? What volunteers might want How do you think people see your organisation? What makes it unique? What do you think volunteers would want to get, or be able to get, from being with you? 2 An Upside Down Volunteer Role Description (Start with the tasks. Work upward to the name of the role. Finish with the last point: skills and abilities needed.) Name of volunteer role: Which other volunteer roles will this role be working with/supporting: Who is the volunteer’s named contact: The purpose of this volunteer role is … (try to complete in one sentence only) “To The main tasks that the volunteer will perform are (give examples of what will or might, be done – if possible leave scope for volunteers’ initiatives):1. 2. 3. The volunteer will need to have the following skills/attributes for this role: Dispelling Fears through Adverts 3 In your group, pick four possible fears that a person reading your ad might have about being part of your organisation. Find a way to present a solution through your publicity. Are there any more which are relevant to your organisation? Think back to this morning’s activity – how do people see your organisation? Fear Solution I won’t have the right sort of qualifications and experience for this I work all week, so I probably won’t have time to fit it in If I start, I’ll be trapped and won’t ever be able to stop The role sounds quite demanding. I don’t know the first thing about animals, or children for that matter. They won’t want people like me. I’ll be the only…..(woman, Bangladeshi person, person with a disability, refugee…..) What if they just leave me on my own and expect me to cope? I’m skint. I can’t afford the travel fares to get there and back 4 Case Study 1 Maria DeLourdes Armitage vs Relate & Others (1994) This tribunal dealt with a racial discrimination case in 1994 brought by Mrs Armitage, a volunteer counsellor with Relate. Under the terms of her “service agreement”, Mrs Armitage was expected to provide a minimum amount of counselling each week. If she left Relate before providing 600 hours of counselling, she was expected to pay back a proportion of the cost of her training. The “service agreement” stated that there was a possibility of paid work after volunteers have completed a certain number of volunteer hours. In one passage of the “service agreement”, the Executive Committee of the organisation was referred to as “technically the employer of the counsellor”. Question 1: Did the tribunal decide that Mrs Armitage had a contract of employment? Yes or no Question 2: Why did the tribunal make their decision? Answers 1. The tribunal decided that Mrs Armitage did have a contract of employment 2. The tribunal considered the mutual obligations set out in the agreement. They looked at Relate’s obligation to provide training and the counsellor’s reciprocal obligation to volunteer a particular number of hours, or to repay the cost of the training. They also considered the expectation of paid work in the future. Considering all of the above, they felt that these issues were enough to create a contract of employment. 5 Case Study 2 Migrant Advisory Service vs Mrs K Chaudri (1998) This was an appeals tribunal case, contesting the decision of the original employment tribunal. Mrs Chaudri volunteered in an office 4 mornings a week, working 12 hours each week in total. Initially, she received £25 a week to cover expenses. This sum subsequently increased to £40 a week. Mrs Chaudri lived very close to the office, and as she worked from 10am to 1pm, she did not take a lunch break. Her actual expenses were negligible. The petty cash vouchers for the payments to Mrs Chaudri showed that she had been paid £40 a week, even when she was off sick or on holiday. Question 1: Did the tribunal decide that Mrs Chaudri had a contract of employment? Yes or no Question 2: Why did the tribunal make their decision? Answers 1. The appeals tribunal decided that Mrs Chaudri did have a contract of employment. 2. The appeals tribunal concurred with the original industrial tribunal that the flat rate payments in return for regular hours of work clearly amounted to a contract of employment. Judge Hill, presiding, remarked “This is a very simple case, and it is perhaps like the elephant – you know one when you see one”! 6 Case Study 3 Gradwell vs Council for Voluntary Service, Blackpool, Wyre and Fylde (1997) In this case, the applicant sought to demonstrate that the organisation’s volunteers were working under a contract, which would therefore raise the total number of employees within the organisation to over 20. This would then allow a claim for discrimination to be heard under the Disability Discrimination Act 1995. (At the time the DDA only applied if organisations had 20 or more workers – this restriction no longer applies). The CVS in Blackpool, Wyre and Fylde had a Volunteer Agreement in place. Volunteers received no payments other than the reimbursement of genuine out-of-pocket expenses, and there were no minimum time commitments for volunteers. The applicant argued that the Volunteer Agreement amounted to a contract of employment. Question 1: Did the tribunal decide that the CVS had created a contract of employment? Yes or no Question 2: Why did the tribunal make their decision? Answers 1. The tribunal concluded that a contract had not been created 2. The tribunal felt that the relationship did not involve any mutual obligations. Expecting volunteers to follow written guidelines was not considered evidence of this. The training volunteers received was not felt to be a “consideration”, and there was neither payment nor the promise of payment. Therefore a contract had not been created. 7 Case Study 4 Murray vs Newham Citizens Advice Bureau (2000) The relationship described in this case is commonplace in many volunteer-involving organisations. This was an appeals tribunal case, contesting the decision of the original employment tribunal. Newham CAB had a Volunteer Agreement in place which required the volunteer to commit to volunteer at particular times for a minimum time period. The volunteer was also expected to commit to completing basic training within 8 months, and notify the bureau manager of absence or intention to leave. The organisation agreed to provide training, support and the reimbursement of expenses. There were also grievance and disciplinary procedures, and requirements such as processes for claiming holidays. Question 1: Did the tribunal decide that the CAB had created a contract of employment? Yes or no Question 2: Why did the tribunal make their decision? Answers 1. The employment appeals tribunal decided that a contract had been created 2. The appeals tribunal looked at the entire relationship between the organisation and its volunteers. While each aspect in and of itself did not necessarily constitute a contract of employment, taken as a whole, they were felt to be enough to create a contract of employment. 8