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26 Apr 2008

Why Do I As A Disabled Male (Mental Health Survivor) A Community Living Volunteer< HAVE NO RIGHTS

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I do 12 hours a week for a registered charity, and in return recieve a rent free flat and utility bills paid, I have been informed that my LABEL volunteer does not give me any right as an employee, a tenant, or protection under the disability act, nor health and safety, in effect I have been told I have rights at all not even the Governments Grievance Procedure2004. I wish to seek redress in an employment tribunal but have been told that I have rights as a volunteer. Can anyone help? MIKE,

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  • zw!tch  Staff reply 28 Apr 08 17:13, Edited Edited on 28 Apr 08 17:37,   by zw!tch Hi Mike,

    Opinions are divided on this...your rights cut across areas including work, housing and health and safety and these are all dealt with separately by the law...

    There is information about the legal status of volunteers from Volunteering England (England's volunteer development agency - it works to support and increase the quality, quantity, impact and accessibility of volunteering throughout England.) http://www.volunteering.org.uk/Resources/goodpracticebank/Core+Themes/Legal/ overview.htm#legal

    Volunteering England also provide information about Health & Safety http://www.volunteering.org.uk/Resources/goodpracticebank/Information/healthandsafetyofvolunteers.htm and Volunteers and the Law

    Volunteers are not covered by the same protection as paid staff but it is important for volunteer involving organisations to avoid unfair or discriminatory practices. For volunteers to be entitled to legal rights there would need to be a legal definition of a volunteer. Opinions are divided on whether there should be a separate legal status for volunteers - if a legal definition of a volunteer was developed it could lead extra administrative and financial burdens on volunteer organisations, which may be unreasonable.

    It is possible for a volunteer to prove that they were in fact a worker by establishing that some form of contract exists between the organisation they volunteer for and the volunteer. You would have to do this through an employment tribunal which is quite rare. Examples of past tribunal cases are in Volunteers and the Law.

    Hope this helps!
     
  •   28 Apr 08 19:50,   by SPUD Hello from SPUD, thanks for your info, much appreciated.  

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