Charities—employment law

Volunteers

Generally an individual is understood to be a volunteer if they are not obliged to work but agree to perform work for which they are not paid. Without consideration there can be no contract (whether as an employee or as a worker). However, they may be reimbursed expenses that they have genuinely incurred with losing their status as a volunteer. As a volunteer an individual can come and go as they please.

Before taking on a volunteer there may be a number of issues to consider including whether criminal record and/or immigration checks should be undertaken.

There is no requirement to have an agreement with a volunteer. However, the existence of an agreement between a volunteer and an organisation does not automatically mean that it amounts to a contract of employment. A volunteer agreement can, however, be useful for the purposes of setting out what an organisation will provide and what it expects of its volunteers.

See Practice Note: Volunteers.

Employee handbooks

Certain aspects of the employment relationship have to be covered by a written statement of particulars of employment that is given to the employee.

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This Q&A considers whether, if a client has received a gift of funds from his aunt. His brother has received the same amount. The brothers have agreed between themselves to use the funds for her care if she requires it and they have drawn up a Deed to document this. Will the terms of the Deed override their Wills (their Wills leave their respective estates to their wives).

Obligation to provide position statements to the public in the COP (Re AB)

Private Client analysis: Mr Justice Poole clarified the approach to be taken towards provision of position statements and skeleton arguments to public observers in the Court of Protection in proceedings covered by a Transparency Order. He laid down a relatively comprehensive set of guidelines both as to substance and procedure. The principles in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38; [2020] AC 629 are to the fore. Provision of position statements promotes the open justice principle, especially in a time when it may be difficult for an observer to understand court proceedings without them. This must be balanced against any countervailing factors, for example risk of harm and proportionality. Written by Adam Stewart-Wallace, barrister at Ten Old Square.

Private Client weekly highlights—9 October 2025

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Question of the week: In the context of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if the three children of the deceased are residuary beneficiaries (which includes the entire net estate), if one adult child brings a family provision claim, are they likely to be successful given that the Will provides for them to be treated equally with the other children?

This Q&A considers whether, in the context of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if the 3 children of the Deceased are residuary beneficiaries (which includes the entire net estate), if one adult child brings a family provision claim, are they likely to be successful given that the Will provides for them to be treated equally with the other children.