In the recent case of Agoreyo v London Borough of Lambeth, the High Court held that the suspension of a teacher to allow for a misconduct investigation was not a neutral act and amounted to a breach of the implied term of mutual trust and confidence.

Most voluntary organisations will have a combination of employees (or workers) and volunteers, and the difference is significant.

Volunteers give up their free time to support charitable organisations and there is often the temptation to provide benefits as a way of saying thank you. But be careful. Well-meaning charities have come unstuck by providing volunteers with benefits that are too generous, inadvertently leading to an implied employment relationship.