Can you get disciplinary/tribunal for "sacking" a volunteer?
Discussion
S-I-L manges a shop where there are volunteers alongside paid staff. One volunteer has turned out to be a bad egg, nothing like theft or assault, but spite, back biting and general t
ttery., and SIL had had enough. Called her to ask her to come in for a chat, V inisisted on discussion over the phone, SIL after a heated discussion, said find another role somewhere else.
Cue complaint to employer and a date set with MD foir an investigation into what's happened. Loads of wierd and borderline emails and messages from V to back up SIL's position, plenty of staff happy to confirm Bad Egg status.
But we all know how these things can go, so is SIL in any danger of any disciplinary action?
How do you tell a volunteer that they are no longer wanted?
ttery., and SIL had had enough. Called her to ask her to come in for a chat, V inisisted on discussion over the phone, SIL after a heated discussion, said find another role somewhere else.Cue complaint to employer and a date set with MD foir an investigation into what's happened. Loads of wierd and borderline emails and messages from V to back up SIL's position, plenty of staff happy to confirm Bad Egg status.
But we all know how these things can go, so is SIL in any danger of any disciplinary action?
How do you tell a volunteer that they are no longer wanted?
Sy1441 said:
Can an employer be taken to tribunal for sacking a volunteer, no. Can an employee be taken to a disciplinary for sacking a volunteer, yes. Two wholly separate issues at play here.
OK so we're rather talking the latter then, is there a recognised procedure? Is it dismissall material? Personally I think that she should have made it the HR people's problem, but what's done is done.I used to run a Community Radio Station. Established as a not-for-profit, company limited by guarantee. At its height, we had close to 40 people, all apart from one were volunteers with many actually paying the station a monthly subscription. I spent a hugely disproportionate amount of time dealing with the vagaries of volunteer behaviour (on which I think I could write a book) so the OP's account resonates with me well.
If the charity has done things correctly, there will be a volunteer's agreement - essentially a Contract of Employment - which should set out the procedures relating to dismissal. If that's the case, then this should be referred to.
The reality is that that all but the larger charities think to do to this.
Either way, a volunteer has similar rights to a paid employee - particularly if they operate alongside paid employees doing similar duties. So dismissal would have to follow a verbal / written / final warning process except for gross misconduct when instant dismissal applies.
Volunteers can call decisions in through the normal channels. As an example, we had one person we let go claim unfair dismissal on the grounds that we didn't provide him the support necessary for him to do what he was asked to do. He was claiming compensation for fuel costs and his time which he'd calculated on minimum wages times the hours he 'donated'. This was made via a Solicitor's. I was able to amply demonstrate that the reason he had to go was that in fact, we'd given him too much support which had reduced what we could provide to others, and he still didn't understand what he needed to do. Never heard back after that.
So providing the reasoning is sound and due process is followed, there should be no comeback.
HTH
If the charity has done things correctly, there will be a volunteer's agreement - essentially a Contract of Employment - which should set out the procedures relating to dismissal. If that's the case, then this should be referred to.
The reality is that that all but the larger charities think to do to this.
Either way, a volunteer has similar rights to a paid employee - particularly if they operate alongside paid employees doing similar duties. So dismissal would have to follow a verbal / written / final warning process except for gross misconduct when instant dismissal applies.
Volunteers can call decisions in through the normal channels. As an example, we had one person we let go claim unfair dismissal on the grounds that we didn't provide him the support necessary for him to do what he was asked to do. He was claiming compensation for fuel costs and his time which he'd calculated on minimum wages times the hours he 'donated'. This was made via a Solicitor's. I was able to amply demonstrate that the reason he had to go was that in fact, we'd given him too much support which had reduced what we could provide to others, and he still didn't understand what he needed to do. Never heard back after that.
So providing the reasoning is sound and due process is followed, there should be no comeback.
HTH
Macneil said:
Sy1441 said:
Can an employer be taken to tribunal for sacking a volunteer, no. Can an employee be taken to a disciplinary for sacking a volunteer, yes. Two wholly separate issues at play here.
OK so we're rather talking the latter then, is there a recognised procedure? Is it dismissall material? Personally I think that she should have made it the HR people's problem, but what's done is done.1. The employees disciplinary procedure. That is what the company will (should) be using to manage the complaint into your SIL.
2. The nature of the complaint. For instance if the V alleges that SIL conduct was egregious, racist, sexist etc.
The outcome of a disciplinary procedure can be anything usually from a verbal warning to dismissal.
So it depends…
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