Are Volunteers entitled to protection against disability discrimination?

The Employment Appeal Tribunal recently decided that the Disability Discrimination Act does not apply to a particular volunteer working at Citizens Advice.

In X v Sussex CAB and Another (2009), a case which had been running since 2007, the Claimant was a Citizens Advice Bureau volunteer who suffered from a disability. She did not have a contract of employment and instead worked under a Volunteer Agreement for 4-5 hours per week.

When she was asked to stop volunteering she thought that this was for a reason connected with her disability and brought a claimfor Disability Discrimination under the Disability Discrimination Act 1995. At first instance the Employment Tribunal held that the Claimant was not an employee, so the Disability Discrimination Act could not apply to her and the case was dismissed.

She then appealed to the Employment Appeal Tribunal where she argued that the UK had failed to implement the Equal Treatment Framework Directive properly. She said that working as a volunteer fell within the terms of the Directive and that the Disability Discrimination Act must be read in such a way as to allow her to bring her claim. The Employment Appeal Tribunal did not agree.

The Employment Appeal Tribunal did say that the decision would not necessarily apply to all volunteers

The Employment Appeal Tribunal did say that the decision would not necessarily apply to all volunteers but it does raise implications for those volunteers who work under a volunteer agreement because it follows that they are not employees and will not receive full protection from the discrimination legislation. However, the situation will be different for volunteers that work under a contract to do work personally or those working under a work placement where the volunteer does practical work experience for a limited time with the aim of vocational training. The decision will also not apply if the volunteer is working as a pre-requisite for paid employment to assess their suitability to work there.

If you are a volunteer or a charity and would like advice on this issue please contact Ascot Lawyers on 01344 783890.

0845 300 3574 enquiries@ascotlawyers.co.uk Contact Form