Managing Risks, Relationships and Responsibilities

For both charities and volunteers, there are risks (things that could go wrong) and liabilities (things you should be covered for) as well as legal responsibilities to take account of. LASA's guide to assessing and managing risks associated with IT projects gives a good overview and detailed advice.

Health and Safety

Liabilities

If you act as a volunteer on behalf of your company (whether as an employee of a large corporate or of your own consultancy business), you will be within your contract of employment and your employer has a duty of care to protect you from harm during the volunteer activity. You also have personal and professional responsibilities to act appropriately and competently.

  • Employer's Liability Insurance is required by law and the responsibility of the employer, whether a large business or a small consultancy. If you employ staff (including yourself - i.e. you are working as a business or limited company rather than self-employed), you MUST have Employer's Liability Insurance for your work, irrespective of whether it is fee-paying or as a volunteer. There are policies specific to IT contractors and this costs from around 150 per annum upwards. Note that in order to cover volunteering, there must be a specific clause in the policy noting that activity.
  • Public Liability Insurance covers an organisation for damage or loss, to person or property, as a result of negligence. This affects both your employer and the charity you are volunteering for and covers legal liability against death, injury and damage. For instance, if the roof falls in on you while you're rewriting the website on the charity's premises,  their Public Liability Insurance will apply to loss or damage.
  • Professional Indemnity (PI) Insurance is the most significant issue affecting individual volunteers. It covers individuals (and their employers) for loss or injury caused by services provided negligently or without reasonable care. Many IT professionals (including contractors) work without PI although it is not advisable to do so. There is no legal requirement for any volunteer to obtain PI insurance.

Letter of engagement

We are not aware of any situation where a charity has sued a volunteer for poor advice or providing an unsatisfactory project. However it is sensible to recognise that there is a potential liability, and good risk management dictates that you should take reasonable steps to minimise this. This sample Letter of Engagement (RTF)offers a format for addressing this issue of liability. Even if the charity signs the letter a potential liability still exists, but the letter is designed to minimise any liability on the part of the volunteer.

Volunteers in Scotland, Wales and Northern Ireland should note that the sample letter refers specifically to English Law.

If you are uncertain about any issues of risk or liability you seek should independent advice.

iT4Communities accepts no liability for errors or omissions relating to the above or for any loss, damage or injury which might be caused as a result of use or misuse of the information.