What do employers need to consider for employees who wish to become volunteer vaccinators?

By Brabners LLP

11 Feb 2021

shutterstock_1865562334.jpg

Following on from our blog a few weeks ago regarding the controversial topic of whether employers can mandate the COVID-19 vaccine within the workplace – today we outline key considerations for employers regarding employees wanting to become volunteer vaccinators.

While employers may not wish to stand in the way of employees volunteering to support the nation in its efforts to combat the Covid-19 pandemic, they do need to consider what impact, if any, this will have on their business.

There is no doubt that employees who wish to volunteer in public facing positions will be in close contact with numerous members of the community, increasing the risk of them personally contracting coronavirus. The NHS have stated that all volunteers will undergo training and be provided with supervision and personal protective equipment (PPE) to ensure the safety of staff, volunteers and members of the public. However, this is unlikely to alleviate the risk of infection in its entirety. 

What do employers need to take into consideration before permitting employees to become volunteer vaccinators?

Time off for public duties:

First and foremost, employers should establish whether the employee proposes to volunteer in their own time, or during their working hours and if the latter, any impact that this would have on the business and the employee’s team.

Employers will need to consider any policies that they have in place for time off for public duties and any respective position on pay.

While some employees have the right under s50 Employment Rights Act 1996 to a reasonable period of unpaid time off during their working hours to carry out certain “public duties”, this right does not extend to all public duties.

As volunteers it is doubtful that this would fall within the legal definition for “public duties”, but the position will need to be checked, particularly if the work is deemed to be conducted on behalf of an NHS Trust.  

In any event, there would be no automatic right to pay and as such, you may wish to consult with the employees as to whether they would prefer to take annual leave, or with the employer’s consent, to take unpaid leave.

Health and Safety:

The central issue is that of any risks to the health and safety of colleagues, customers and contractors with whom the employee may come into contact with during their working hours, particularly in any public facing roles.

Albeit there is no legal duty to do so, we would recommend undertaking consultations with employees, customers and contractors regarding this topic, especially those who may be vulnerable or caring for the vulnerable, to maintain good industrial relations.

Employers should review and update any internal risk assessments, as well as requesting copies of risk assessments relating to voluntary positions and/or secure relevant information regarding the measures that will be put in place to protect the safety of the employee and those that they come into contact with.

Employers should also check with their insurance providers to ensure that the proposed scheme does not impact their insurance cover in the event that employees were to become infected and potentially cause an outbreak within the business.

Working Time Regulations 1998:

Whilst volunteering would not in itself count as “working time” for the purpose of the Working Time Regulations 1998 (WTR), employers should be mindful of any paid positions that employees take up outside of their working hours (which are also available to assist with the roll out of the vaccines) and whether these hours would, together with their normal working hours, exceed the 48-hour working week under the WTR.

If so, employers should keep clear records of the hours worked for both the employer and in any other positions, to ensure that they do not exceed the 48 hours.

Alternatively, employers could request the employee to sign a 48 hour opt out agreement, which can be withdrawn on notice at a later date. Please note that the employee must enter into the opt out agreement voluntarily in order for this to be enforceable.

Employees who are furloughed:

With the extension of the Coronavirus Job Retention Scheme (CJRS) to 30 April 2021 and given that many businesses have been required to close under the third national lockdown, it is foreseeable that employees on furlough may wish to take up voluntary positions during this time.

The CJRS guidance states that employees can volunteer without any impact on their furloughed status, provided that the voluntary work is for a completely separate entity/organisation and does not provide any services to the employer.

If you have any questions regarding volunteers in your workplace or the impact of COVID-19 on your business generally, please contact a member of our Employment Team.

Latest news

1

New India branch campus on the horizon for Lancaster University Keir Starmer meets Indian PM and included Prof Simon Guy Lancaster University. Pic Simon Dawson

New India branch campus on the horizon for Lancaster University

09 Oct 2025

2

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026 Best Events and Talented students on Lancashire Tourism Awards finalist list

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026

09 Oct 2025

3

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards Andrew Dewhurst with the award win

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards

09 Oct 2025

4

PHX Training appoints new business leader in Blackpool Jason Davenport PHX Training

PHX Training appoints new business leader in Blackpool

09 Oct 2025

5

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin