Aipedia: Charities and trustees

AI in volunteer and staff recruitment

Aipedia, by the Apex broking team · Last reviewed 2026-10-30

Charities can use AI to screen volunteer and staff applications, but equality law still applies and safer recruitment checks cannot be left to a tool. Biased screening or a missed check can lead to discrimination or safeguarding claims.

Part of: AI in Charities and trustees

In short

Charities use AI to sift applications, score candidates and schedule interviews, often with small HR teams and high volunteer turnover. CC3 s.5.3 reminds trustees that equality and data protection law apply to all charities, and the Charity Commission's AI blog warns that AI output can be biased. UK GDPR Articles 22A to 22D set safeguards for significant decisions based solely on automated processing, which can include rejecting an applicant. Discrimination claims from applicants or staff usually fall to employment practices cover, which some charity D&O policies include. Safeguarding failures after a missed check raise separate liability questions. PI rarely applies to a charity's own recruitment.

How charities use AI in recruitment

Recruitment tools may include AI features, and charities may use them to:

sift CVs and application forms against role criteria;
score video interviews or written answers;
screen volunteer applications for availability, skills and location;
draft role descriptions, adverts and rejection emails.

For charities working with children or adults at risk, recruitment is also the first safeguarding control. For more on how screening tools work and where bias comes from, see the HR consultants guide to AI CV screening.

The duties that apply

CC3 s.5.3: some laws apply to all charities, "such as equality, data protection and copyright law". Equality law applies to staff recruitment; how it applies to volunteers depends on the arrangement, so take advice.
The Commission's AI blog warns that AI output can be biased, and that human oversight should catch material errors.
Automated decisions: UK GDPR Articles 22A to 22D, inserted by DUAA 2025 s.80 and in force since 5 February 2026, set safeguards where a significant decision about a person is based solely on automated processing. Rejecting an applicant with no human review may fall within that.
CC3 s.9.3: trustees remain collectively responsible for delegated work, including recruitment by staff or an agency.
Safer recruitment duties, including any required criminal record checks, apply whether or not AI is used to sift applicants.

What can go wrong

Illustrative scenario: a charity uses an AI screening tool to shortlist applicants for support worker roles. The tool marks down candidates with gaps in their employment history, which falls disproportionately on women returning from caring responsibilities and on disabled applicants. An unsuccessful applicant asks why they were rejected and brings a discrimination claim. Separately, the tool's checklist treats a reference step as optional, and a volunteer starts work before checks are complete.

Other risks include video-scoring tools that disadvantage people with certain disabilities or accents, rejection emails that reveal more personal data than intended, and AI-written adverts with criteria that are not needed for the role.

D&O employment practices cover versus PI

Claims from applicants or employees alleging discrimination are usually handled under employment practices liability (EPL). Some charity D&O policies include EPL as a section; others offer it as an option or not at all. Where included, it may cover defence costs and compensation, subject to the terms, though tribunal awards, injury to feelings and the cost of reinstatement can be treated differently between wordings.

A safeguarding failure that follows a missed check raises different questions. A claim from the person harmed is commonly dealt with under public liability or an abuse extension, while a claim alleging the trustees failed to oversee safer recruitment may engage trustee indemnity. PI rarely applies, because recruitment is not usually a service the charity provides to others. Regulatory penalties cannot be indemnified under Charities Act 2011 s.189(2)(a).

Practical controls

Keep a person in the loop for every rejection, and record that review.
Ask the supplier how the tool was tested for bias and what data it uses.
Do not let a tool decide whether safeguarding checks are needed.
Tell applicants AI is used and how to ask for a human review.
Monitor shortlists by protected characteristic where you can.

How Apex helps

Apex arranges D&O, trustee indemnity and PI for charities, and a broker can confirm whether your D&O includes employment practices cover and how it treats claims linked to automated screening. See the AI in charities hub.

Sources

Frequently asked

Does equality law apply to AI screening of volunteers?

Equality law applies to staff recruitment, and how it applies to volunteers depends on the arrangement. CC3 s.5.3 lists equality law among the laws that apply to all charities, and the Charity Commission warns AI output can be biased, so screening should be checked.

Is an AI rejection an automated decision under UK GDPR?

It may be. Articles 22A to 22D, in force since 5 February 2026, set safeguards where a significant decision about a person is based solely on automated processing. Having a person review each rejection is the usual way to avoid relying solely on the tool.

Does charity D&O cover discrimination claims?

Only if it includes employment practices cover. Some charity D&O policies include it as a section; others offer it separately or not at all. Where included, it may pay defence costs and compensation, subject to the terms.

Can AI decide whether a volunteer needs a criminal record check?

It should not. Safer recruitment duties apply whatever tool is used, and trustees remain collectively responsible under CC3 s.9.3. A person who understands the role and the charity's safeguarding policy should decide which checks are required.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.