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

EG On The Move seals 27-site deal Zuber Issa, pic provided by EG On The Move

EG On The Move seals 27-site deal

01 May 2026

2

FWP’s community goal for Trafford FC is a winner Trafford FC plan

FWP’s community goal for Trafford FC is a winner

01 May 2026

3

Strong results in first year as EOT for Conlon Construction Conlon board includes Andrew Makinson, Lee Parry, Nadine Ng, Darren Lee, and chairman Guy Parker

Strong results in first year as EOT for Conlon Construction

30 Apr 2026

4

Lancashire manufacturers backed to adopt AI with new Made Smarter toolkit ELE Advanced Technologies

Lancashire manufacturers backed to adopt AI with new Made Smarter toolkit

30 Apr 2026

5

Experts stress the urgency of starting AI journey Speakers at the Cybersecurity summit

Experts stress the urgency of starting AI journey

30 Apr 2026

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
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026 - 17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026 - 06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026 - 08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026 - 08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026 - 11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026 - 14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026 - 20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

SOciety1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

How to handle an underperforming employee
Logo.jpg.jpg
LBV Hub Seminars
20 May 2026 - 20 May 2026

How to handle an underperforming employee

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Stop Underselling, price for profit, not just survival
Logo.jpg.jpg
LBV Hub Seminars
21 May 2026 - 21 May 2026

Stop Underselling, price for profit, not just survival

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

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