IVMD 2017 Volunteering and the Law – Some Highlights Philip Smith
1st November 2017
“Be the Voice”
• Listen to understand • Acknowledge the difference • Lead the discussion
• Act to improve 2
Not on Agenda
• • • •
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Board members Governance Code Insurance Civil liability in detail
Main issue
• Not “gig” economy • Volunteers are not employees – Training/screening – Risks/liability – Disputes
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Practical considerations
• Keep in mind the “sleep at night” test • Are the things that are being done, being done: – Honestly – Prudently – Carefully (i.e. with the appropriate duty of care) – Dutifully; In line with the applicable duties
5 | Using your new presentation template
Training/screening
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Training/screening
• • • • • •
Training policy Equivalent to but not same as e’ee ‘Role’ descriptions Supervision and support Health and Safety Importance for protecting from liability (both the org and the volunteer).
• Screening – – – – – 7
Relevant to role Is Garda vetting sufficient … … and/or necessary (vulnerable adults/children) Is outcome of screening monitored? Skills – driving licence, references, credit checks
Risks/liability
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Risks/liability •
How does it arise?
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Limited protection from negligence by law
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Use of waivers
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Waiver ineffective: – where organisation liable – if volunteer acts contrary to instructions or outside scope
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Ensure insurance covers volunteers and their activities
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Provide training and supervision. Provision does not amount to employment but care required. Set expectations (on part of org) not requirements.
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Risks to “safety, health or welfare” apply to individuals in a work place whether or not they are employees – includes supervision and grievance/disciplinary procedures (but not in same way as e’ees).
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Disputes
10 | Using your new presentation template
Disputes (with volunteers) • Overperformance issues • Clear lines for feedback/supervision
• Code of conduct around appropriate behaviour expectations • Grievance process • Claims of employment status 11
Consequences of mis-managing
Impact on funding
Impact on services
Impact on reputation 12
What to do? • Be aware that volunteering is not well understood (including at Board level)
• Ensure you are/have a top quality VM • Ensure that you/your VM is resourced and heard
• Ensure that your volunteer policies and processes: – protect your beneficiaries – protect your organisation – protect your volunteers … but do not make your volunteers into employees 13
THANK YOU - QUESTIONS
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