Court of Appeal Rules Volunteer Entitled to Statutory Worker Rights

The recent Court of Appeal decision in the 2026 ruling of Maritime and Coastguard Agency v Groom is key case law for any employers of volunteers.

Many organisations work with volunteers and assume that, because an individual’s time is given freely and there is no formal pay, employment law does not apply to the arrangement. However, what matters is not the label provided to an individual or the working relationship, but how the arrangement actually works in practice.

We look at how Maritime and Coastguard Agency v Groom considers volunteer rights in the UK and what employers should do to review their volunteer arrangements.

Legal framework surrounding volunteers and employment law

In UK employment law, there are three recognised categories of individuals who perform work or provide services:

• Employees – entitled to full statutory employment rights and protections.

• Workers – entitled to some statutory rights and protections, but not the full range of employee rights.

• Self-employed – entitled to more limited statutory protections, such as protection from discrimination.

There is no special legal category for volunteers.

When determining employment status, the law looks at a range of factors, including (amongst other things):

• Control

• Mutuality of obligation

• Personal performance

Case study: Maritime and Coastguard Agency v Groom

In the Court of Appeal case of Maritime and Coastguard Agency v Groom, a coastguard rescue officer was described as a volunteer throughout his 35 years with the Maritime and Coastguard Agency. He did not receive a salary, but he could claim payments for certain activities, described as compensation for disruption to his personal life and employment, although he was not obliged to do so.

The Court of Appeal held that while a ‘volunteer’ working under these arrangements was free to accept or reject a call-out, once accepted, they were bound to follow reasonable instructions and were entitled to claim pay for the time they worked. When pay was claimed, the ‘volunteers’ did not receive less than the appropriate level of national minimum wage.

The Court of Appeal were satisfied that the individual in this case qualified as a worker when carrying out activities that attracted payment and therefore had the benefit of statutory worker protections during those periods.

Volunteers may be entitled to statutory worker rights

This case is not limited to the coastguard. It will affect any organisation that relies on volunteers.

In situations like these, volunteers may be entitled to statutory worker rights, such as:

• Holiday pay
• National Minimum Wage
• Other statutory worker protections

Steps organisations should take

Organisations should review how their volunteer arrangements operate in practice, not just on paper. In particular, organisations should:

• Ensure that any payments are genuine reimbursements of expenses.

• Avoid creating obligations that look like formal work requirements.

• Check that policies and handbooks do not unintentionally create legal obligations or blur employment status.

Volunteers can sometimes be treated as workers in law, even when that is not the intention. A careful review of volunteer arrangements can help avoid unexpected costs, disputes and legal risk later.

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