The legal position of volunteers is often problematic. This sometimes arises because people are referred to as volunteers, but in fact may be employees for the purposes of tax and national insurance and sometimes also for employment rights.

Frequently, however, problems arise because basic precautions are not taken.

A recent case has brought attention to the potential liability of volunteers and the organisations using them. The case involved a rugby player who suffered injuries in an amateur rugby union match. He brought the case against the referee, who was acting voluntarily and Welsh Rugby Union Ltd, which had appointed the referee.

In this case, Welsh Rugby Union Ltd agreed that if the referee was found legally liable for the player's injury, it would be liable, under the principle of vicarious liability, for the referee's actions, even though the referee was only acting as a volunteer. The case also considered whether the availability of insurance on affordable terms should have a bearing on liability.

The Court of Appeal held that it was fair, just and reasonable, to impose a duty of care on the referee of an adult amateur rugby match and that it was possible for the referee himself or Welsh Rugby Union Ltd to obtain insurance cover against third party liability. On the facts of the case, judgement was awarded to the rugby player.

There are several practical steps that can be taken to try to reduce risks to charities and volunteers:

• Hand-in-hand with a written agreement between a charity and the volunteer (which should set out clearly what is expected of both parties) a charity should check that its training for volunteers is sufficient to enable the volunteers to undertake their work and that such training is reviewed and up-dated when necessary.

• Volunteers and charities should establish what is an acceptable and an unacceptable risk and act accordingly. This will include carrying out risk assessments, recording the results and renewing the assessments, as and when necessary.

• Charities should make sure that their insurers are aware of the activities of volunteers and that insurance policies cover possible claims relating to those activities as well as the activities of paid staff.

• Charities should identify any situations which may involve specific compliance. For instance: use of non EU nationals or overseas students as volunteers, the implication of equal opportunities, work with children and vulnerable adults (including police checks) and using young people as volunteers.

If these precautions are taken then the risk both to charities and the people who work for them will be considerably reduced.

You can contact Michael Overend on 01235 771234 or by e-mail michael.overend@clmlaw.co.uk