Q: I work for a not-for-profit organisation and we have paid staff and volunteers. Some of the volunteers work in the business and others foster our animals.

We have a significant issue where paid staff have attended events at pet shops or animal shows, and have ‘volunteered’ their time. However, I was under the assumption that as staff, they don’t volunteer and they should be paid for attending these work-related events. Can you please confirm this?

The other issue is that some staff foster the animals. Could this be deemed work as well? If so, should they be paid?

A: Whether these staff should be paid or not will depend on a few things.

You should consider whether the employee is performing any work at the events that would entitle them to be paid under their employment contract. If this is the case, they could choose to volunteer on an unpaid basis. However, if they are required or directed to attend the event, this may indicate they should be renumerated for their time.

Additionally, an employer can require an employee to work reasonable additional hours, which may cover the times they attend events at the pet shop. Whether the hours are reasonable depends on a number of factors, including whether the remuneration they receive is enough to compensate them for these additional hours.

In relation to fostering animals, if it is a requirement of their position, they should receive some compensation for doing so. This may be by having an increased salary, or receiving reimbursements for the reasonable costs of caring for the animal, e.g. shelter, food and vet costs. However, if employees choose to foster the animals they would not be entitled to payment.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Unpaid work for current advice.