Maritime and Coastguard Agency v. Groom [2026] – can volunteers be workers?
Broadly speaking, the question of who gets employment rights in the UK is determined by distinguishing between three categories in the workforce:
- Employees;
- 'Workers'; or
- The genuinely self-employed.
The second category ('worker') is a broad test. It applies to those who contract to provide their own labour to an organisation, and where that contract is not at arms-length (i.e. for a 'customer' or 'client'). On the margins, identifying the precise boundary for worker status can be tricky, but it is key. This is because 'workers' are entitled to key statutory rights such as National Minimum Wage, paid holiday, and whistleblowing protections.
Whilst the category of a volunteer is often too casual to be regarded as a worker, this isn’t always the case. The courts have previously pointed out that volunteer arrangements come in all shapes and sizes, with different legal implications.
Mr. Groom volunteered for Maritime and Coastguard Agency (MCA) as a Coastguard Rescue Officer. Despite having the status of a volunteer, he was able to claim remuneration for his time. He was also subject to a Code of Conduct and a Volunteer Handbook.
Mr. Groom was dismissed from his role with the MCA in 2020; he asked the MCA whether he could be accompanied to his appeal hearing against dismissal, but they refused - and this was the claim that ultimately went forward. The employment tribunal later found that Mr. Groom was not a 'worker' entitled to bring that claim, and that there was no contractual obligation for him to provide work and services. This was, in turn, overturned by the Employment Appeal Tribunal (EAT). It held that a worker contract arose for each activity Mr. Groom attended for work with MCA. The matter ultimately went to the Court of Appeal.
The Court of Appeal affirmed the EAT’s decision that, when attending activities, Mr Groom was a worker within the meaning of s.230(3)(b) Employment Rights Act 1996.
The Court of Appeal confirmed that, whilst an MCA volunteer is not obliged to attend a call-out (as confirmed in the MCA’s handbook), if volunteers do attend, they are entitled to claim remuneration. This, together with the contractual framework within which they worked, went beyond ‘genuine volunteer’ status found in other cases where only reasonable expenses can be claimed. The EAT therefore found that there is a contract each and every time a volunteer attends an MCA call-out. The Court of Appeal relied on the cases of Uber v. Aslam and Professional Game Match Officials Ltd v. HMRC to establish that a right to reject work did not preclude worker status.
What does this mean for organisations who rely on volunteers?
This case may have significant implications on any organisation that relies on volunteers, such as those in the charity sector. This is especially relevant for those 'volunteers' who are subject to detailed arrangements and policies around how they volunteer, and who are entitled to receive a form of compensation for their time (beyond basic expenses). It confirms that organisations can’t get around worker status by labelling individuals as volunteers or stating there is no contract in place. The court will look at the practical realities on the ground to establish the presence and nature of the contractual relationship.
What steps can organisations take to ensure compliance?
Organisations which rely on highly experienced, skilled volunteers such as mountain rescue, lifeboat services and emergency services should review their arrangements and documentation - be it their handbooks, code of conduct, or renumeration documents - to assess the risk in relation to whether their ‘volunteers’ could in fact be workers in the opinion of a court or tribunal.
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Please be advised that this is an update which we think may be of general interest to our wider client base. The insights are not intended to be exhaustive or targeted at specific sectors as such, and whilst we naturally take every care in putting our articles together, they should not be considered a substitute for obtaining proper legal advice on key issues which your business may face.