As an employer we are keen to offer volunteering opportunities and/or internships to individuals who would like to gain experience or an insight into the work that we do. However, how do we ensure that they do not become classified as a ‘worker’? Is there any guidance to assess when the line of being a worker is crossed?

There is no legal definition of either a “volunteer” or “intern” and there is no specific legislation that deals with the relationship between an employer and an intern/volunteer.

There is also no specific guidance on assessing the status of each and so, the usual employment law principles apply i.e. is the volunteer/ intern an employee, a worker, or in a wider category of individuals who are protected from discrimination? This distinction is very important as it determines what rights the individual is entitled to; for example, an “employee” has the right not to be unfairly dismissed and a “worker” is entitled to the right to paid annual leave and the right to receive the National Minimum