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?Posted in : First Tuesday Q&A NI on 2 December 2014
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.