Volunteer unable to claim disability discrimination

X v Mid-Sussex Citizens Advice Bureau (2009)

(Employment Appeal Tribunal — 30 October 2009)

Many organisations, particularly in the charitable sector, often engage 'volunteers' without contracts of employment. In the case of X v Mid-Sussex Citizens Advice Bureau (2009), the Employment Appeal Tribunal had to decide whether a volunteer had jurisdiction to bring a claim against the Citizens Advice Bureau for disability discrimination.

The claimant applied to be a volunteer with the CAB and she was given a volunteer agreement, which she signed and which was described as being "binding in honour only… and not a contract of employment or legally binding".

It was not automatic that any periods as a volunteer would lead to a paid job or employment at the CAB. Volunteers were not given preferential treatment in applying for paid jobs, nor was there a requirement that candidates for appointment to a paid post should have any background or training with the CAB.

The claimant, who had a number of academic and practical qualifications in law, undertook a wide range of advice work duties. She frequently did not attend on days she was expected. She was eventually asked to cease to attend as a volunteer and, as a result, brought a claim for disability discrimination.

The EAT held that her claim should be struck out. There was no express provision in directive 2000/78 (set out to establish a general framework for equal treatment in employment and occupation) concerning the extension of protection to unpaid voluntary workers. Accordingly the UK government had not failed to comply with the directive and the EAT refused to refer the matter to the European Court of Justice. Further, the EAT held that the arrangements for voluntary workers in the claimant's position were not for the purposes of determining to whom employment should be offered and the claimant's situation was not covered by the EU framework directive.

Comment

Many organisations who engage 'volunteers', such as unpaid charity or Citizens Advice Bureau workers, without a contract of employment will note that the Employment Appeal Tribunal was not prepared to allow the claimant to bring a claim for disability discrimination in these circumstances. Andrew McDonald, BLM London

The following law report contributed by specialist insurance practice Berrymans Lace Mawer (www.blm-law.com) first appeared in Post Magazine on 7 January  2010.

Disclaimer: The law report contains information of general interest about current legal issues, it does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. Specialist legal advice should always be sought in any particular case.