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Charity insurance

Insurance for charity volunteers: what larger charities need

Volunteer insurance for charities is the set of liability, personal accident, motor and trustee covers that protect volunteers and the charity for the work volunteers do. It matters because volunteers often fall outside policy definitions written for employees.

In short

Volunteers are not usually employees under the Employers' Liability (Compulsory Insurance) Act 1969, but the Charity Commission advises charities to treat them like employees for insurance and to check every policy definition, age limit and activity. Larger charities should name volunteers in employers' and public liability wordings, check volunteers' own motor insurance covers charity use, consider personal accident and overseas cover, and make sure trustee indemnity or D&O includes committee members. Payments or rewards can change a volunteer's status.

The short answer

Volunteers are not usually employees, so the legal duty to hold employers' liability insurance does not automatically extend to them. That does not mean a charity can leave them out. The Charity Commission's guidance Charities and insurance (CC49) advises charities to treat volunteers in the same way as employees for insurance purposes, and to check whether each policy includes volunteers, how it defines them, whether there are age limits, and whether it covers what they actually do.

For a charity with hundreds of volunteers across shops, events, befriending, transport and governance, the practical answer is to name volunteers expressly in the employers' and public liability wordings, decide whether personal accident cover is needed, and close the gaps that sit outside those policies: volunteers driving their own cars, volunteers abroad, and volunteers who sit on the board or its committees.

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Employees, workers and volunteers: why the label matters

The Employers' Liability (Compulsory Insurance) Act 1969, section 2 defines an employee as an individual who has entered into or works under a contract of service or apprenticeship, whether the contract is expressed or implied, oral or written. HSE's guide to the Act (HSE40) says it does not matter what you call someone or what their tax status is; what matters is the real nature of the relationship. It also notes that, in some cases, additional employers' liability insurance is not needed for unpaid students or people on training programmes, and suggests speaking to your insurer about longer or unusual placements.

Government guidance on volunteer pay and expenses adds a warning that matters to larger charities: a volunteer may be treated as an employee or worker if they receive any payment, reward or benefit in kind beyond genuine expenses, or a promise of a contract or paid work in the future. Honoraria, gift vouchers, free training tied to future work and sessional payments can all blur the line. If status is uncertain, make sure the employers' liability policy responds either way. See employers' liability insurance and when EL is a legal requirement.

Main exposures and the cover that usually responds

The table maps the main volunteer risks to the policy that commonly responds, subject to the policy terms.

Volunteer exposureCover that usually respondsWhat to check
Volunteer injured through the charity's negligenceEmployers' liability extended to volunteers, or public liabilityHow "volunteer" is defined; upper and lower age limits
Volunteer injures a member of the public or damages propertyPublic liability, with volunteers as insured personsWhether volunteers are insured for liability to each other
Volunteer injured where no one is at faultPersonal accidentBenefits, age limits, activities excluded
Volunteer drives own car on charity businessThe volunteer's own motor policyWhether the policy covers business or voluntary use
Volunteer drives a charity vehicleCharity motor or fleet policyDriver age and licence conditions
Volunteer working overseasTravel, medical and personal accident; local liability coverDuration of trip, country risk, local legal requirements
Volunteer trustee or committee member suedTrustee indemnity or charity D&OWhether committee members and advisers are insured persons
Volunteer handling cash steals or is deceivedCrime (fidelity) extended to volunteersWhether volunteers are named; cash and authorisation controls
Volunteer adviser gives wrong adviceProfessional indemnityWhether volunteer advisers are covered and supervised

Driving, personal accident and volunteers abroad

Volunteers driving their own cars

CC49 says that if volunteers, employees or trustees use their own vehicles for charity business, the charity must make sure the owner's insurance covers that use, and it may pay any extra premium. Many private car policies include some voluntary use, but terms vary, and carrying passengers or making deliveries can fall outside them. A larger charity should ask each regular driver to confirm their cover in writing and keep a record. Mileage paid at a level that more than covers costs can have tax consequences for the volunteer, so keep reimbursement to genuine expenses. Where the charity also runs its own vehicles, see charity minibus and fleet insurance.

Personal accident

Liability cover pays only where the charity is legally liable. Personal accident cover pays fixed benefits for death, serious injury or temporary disablement whatever the cause, which can matter for volunteers doing physical work, outdoor activities or lone visiting. See group personal accident insurance.

Volunteers abroad

CC49 mentions that charities may provide medical, accident, critical illness or travel cover for staff and volunteers working overseas. HSE's guide notes that UK employers' liability insurance is not required for employees based abroad; local law may impose its own requirements. Check that travel and medical cover matches the length of placement and the destination. For larger overseas programmes see insurance for charities working overseas.

Volunteers in governance roles

Most trustees are volunteers, and so are many committee members, advisory panel members and local branch officers. Their personal exposure is different: claims for breach of trust, breach of duty or wrongful acts in managing the charity. Section 189 of the Charities Act 2011 gives charity trustees power to buy trustee indemnity insurance from charity funds, provided they are satisfied it is in the charity's best interests, and requires the policy to exclude criminal fines, regulatory penalties, certain criminal defence costs and liabilities to the charity from conduct a trustee knew, or must reasonably be assumed to have known, was not in its interests.

Check whether committee members, co-opted members and volunteer advisers are insured persons under the wording. See trustee indemnity insurance, trustee indemnity exclusions and charity D&O.

Illustrative examples and common mistakes

Illustrative example 1: an older volunteer

A charity's befriending service relies on retired volunteers. One, aged over 80, trips on a loose carpet at a drop-in centre. The liability policy covers volunteers but has an upper age limit for personal accident benefits. The liability claim proceeds, but the volunteer has no fixed benefit while recovering.

Illustrative example 2: the delivery run

A volunteer uses their own car to deliver food parcels several days a week. Their policy covers commuting but not deliveries. After a collision the motor insurer questions the claim, and the third party also writes to the charity.

Illustrative example 3: the paid volunteer

Volunteer event stewards receive a flat payment for each event. After an injury, the steward argues they were a worker. The charity's employers' liability policy, which named volunteers as employees for insurance purposes, responds.

Common mistakes

What insurers usually want to see, and when to review

What insurers usually want to see

When trustees should review the programme

Review volunteer cover at each renewal and whenever you launch a new volunteer-led service, start overseas placements, introduce payments or rewards, recruit younger or much older volunteers, or set up new committees. The fundraising events guide covers event volunteers in more depth, and the charity insurance broker guide and guide to insuring larger charities show where volunteer cover sits in the wider programme.

For a second opinion on existing wordings, see the charity insurance programme review or the wider insurance programme review. Apex arranges liability, personal accident and trustee cover that names volunteers properly; a broker reads every enquiry.

Talk to a charity insurance broker

Rather we called you?

Leave a name and number and a broker who works with charities will call you back, usually the same working day. Or ask for a free second opinion on your charity’s insurance.

Or email your schedules and renewal date to info@apexinsurancebrokers.co.uk, or call 0117 325 0027.

Sources

Frequently asked

Is employers' liability insurance compulsory for charity volunteers?

Usually not as a matter of law, because the 1969 Act applies to people working under a contract of service or apprenticeship and most volunteers have no contract. However, the Charity Commission advises treating volunteers like employees for insurance, and status can change if volunteers receive payments or rewards. Most charities extend EL to volunteers expressly.

Does public liability insurance cover our volunteers?

It usually covers the charity's liability for injury or damage caused by volunteers, and many wordings also make volunteers insured persons so they are protected if sued personally. Check the definition of insured, whether volunteers are covered for injuring each other, and whether all activities are declared.

Do volunteers need business use on their car insurance?

The Charity Commission says the charity must make sure a volunteer's own motor insurance covers charity use. Some private policies include voluntary use, others need business use added, particularly for passengers or deliveries. Ask regular drivers to confirm with their insurer and keep a record.

Should a charity buy personal accident cover for volunteers?

It is worth considering where volunteers do physical, outdoor or lone work. Liability cover pays only if the charity is at fault; personal accident pays fixed benefits whatever the cause. Check age limits and excluded activities, especially for older volunteers.

Are volunteer committee members covered by trustee indemnity insurance?

Not always. Section 189 of the Charities Act 2011 lets charities buy cover for charity trustees, but whether committee members, co-opted members and advisers are insured depends on the policy definition. Check the wording and ask for them to be named if needed.

Trustees: get a second opinion on your charity's insurance

Send us your current schedules, policy wordings and renewal date. We will review the whole programme and give you a one-page summary for your board: what to keep, what is missing and what to change. No fee and no obligation. Or call 0117 325 0027.

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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, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.