Library volunteer of nine years not an employee: tribunal lacks jurisdiction
A long-serving library volunteer who brought unfair dismissal and discrimination claims was unable to proceed because the tribunal found she was not an employee or worker. All claims were dismissed.
1 min read · Last updated 18 May 2026
Case details
- #volunteer
- #employment-status
- #no-contract
- #library-volunteer
- #jurisdiction
Key facts
- The claimant volunteered at a library from 16 February 2014.
- She signed a participant agreement stating it was binding in honour only and not a legal contract.
- The claimant was not paid, had no holiday or sick pay, and could withdraw at any time without sanction.
- The tribunal found no contract of service or contract personally to do work with any respondent.
- All claims were dismissed because the tribunal lacked jurisdiction.
Timeline
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Started volunteering
The claimant began volunteering at The Place library.
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Signed participant agreement
The claimant signed a participant agreement which stated it was binding in honour only and not a legal contract.
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Trustees' decision on volunteering
The first respondent's trustees made a decision about the claimant's volunteering.
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Claimant informed of decision
The claimant was informed of the decision regarding her volunteering.
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First claim entered
The claimant entered her first claim against all three respondents, but it was rejected against the second and third respondents due to lack of ACAS certificates.
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Second claim entered
The claimant entered a second claim with ACAS certificates for the second and third respondents.
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Preliminary hearing (strike out)
Employment Judge Phil Allen held a preliminary hearing and struck out some claims but allowed others to proceed.
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Public preliminary hearing (status)
Employment Judge Mark Butler heard evidence on the claimant's employment status.
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Judgment on status
The tribunal found no contract of service or contract personally to do work with any respondent, dismissing all claims.
The legal issue
The tribunal had to decide whether a long-term volunteer was an employee or worker under employment law, which would give the tribunal power to hear her unfair dismissal and discrimination claims.
The outcome
The tribunal dismissed all claims because the volunteer was not an employee or worker.
- The volunteer had signed a participant agreement that said it was binding in honour only, not a legal contract.
- She received no pay, holiday or sick pay, and could stop volunteering at any time.
- As there was no contract of service or contract personally to do work, the tribunal lacked jurisdiction to hear any of her claims.
- No compensation was awarded because the claims were dismissed at the jurisdictional stage.
Lessons & takeaways
- Volunteers who sign agreements stating they are not legally binding are very unlikely to be employees or workers, no matter how long they serve.
- Employment tribunals can only hear claims from people who are employees or workers under the relevant Acts; a lack of contract means no jurisdiction.
- If you volunteer and want employment rights, you need a formal contract with obligations on both sides, not just an honour-based agreement.
- Bringing a claim without checking your employment status first can lead to a quick dismissal and wasted time.
When volunteering doesn't mean employment
This case shows the hard boundary between volunteering and employment. The claimant had volunteered at a library for nine years, but the tribunal found she was never an employee or worker. The key document was a participant agreement that stated it was 'binding in honour only' and not a legal contract. She received no pay, no holiday or sick pay, and could withdraw at any time without penalty.
What the tribunal decided
The tribunal had to decide whether it had jurisdiction to hear claims of unfair dismissal and discrimination. It concluded that there was no contract of service or contract personally to do work with any of the three respondents. Without such a contract, the claimant could not be an employee or a worker under the Employment Rights Act 1996 or the Equality Act 2010. All claims were therefore dismissed.
What could have been done differently
If the claimant wanted employment rights, the participant agreement would have needed to create genuine legal obligations – for example, requiring her to attend on set days and giving the library the right to discipline or dismiss her. As it was, the agreement's honour-based wording made it clear that no employment relationship existed.
Why this matters
This case is a reminder that long service alone does not create employee status. Volunteers who want protection from unfair dismissal or discrimination need to check whether their arrangement is truly contractual. Tribunals will look at the written agreement and the reality of the relationship, not just the length of service.
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