Volunteering and internships: employment law issues

by Practical Law Employment with thanks to Lucy McLynn, Bates Wells & Braithwaite LLP

A practice note providing guidance for organisations on the legal issues surrounding volunteers and interns. This practice note examines the complex legal status of volunteers and interns, which determines their entitlement to statutory employment rights, including the national minimum wage (NMW). It analyses the key factors in determining whether an individual is a genuine volunteer or a worker, with reference to significant case law such as X v Mid Sussex Citizens Advice Bureau & another [2012] UKSC 59 and Groom v Maritime and Coastguard Agency [2024] EAT 71. The guidance addresses the serious consequences of failing to pay the NMW and the ongoing controversy surrounding unpaid internships, including government proposals to ban the practice. This practice note also explores other critical obligations for host organisations, covering health and safety, data protection under the UK General Data Protection Regulation (UK GDPR), intellectual property, and potential liability for harassment under the Equality Act 2010 (EqA 2010). Furthermore, it considers issues for employers who support their own employees' volunteering activities.