16/01/2026
When is a volunteer not a volunteer?........
When they meet the definition of 'worker' within the Employment Rights Act 1996.
The Court of Appeal concluded that a volunteer (Mr Groom) was a 'worker' during the periods that he undertook activity for the Maritime and Coastguard Agency (MCA) in his role as Coastguard Rescue Officer (CRO).
Whilst he brought his claim to establish his right to be accompanied at a disciplinary hearing, this ruling potentially has wider implications for the voluntary and charity sectors, in cases where they offer payments over and above expenses to their volunteers. The definition of 'worker' brings with it additional rights, including payment of minimum wage and holiday.
Some of the facts of the case which were held to point to 'worker' status were as follows:
- compulsory training requirement for volunteers.
- minimum attendance obligations set out in a Code of Conduct.
- the MCA could issue reasonable instructions to a CRO, while on duty.
- the MCA could discipline a CRO who failed to comply with instructions
Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6
