In X v Mid-Sussex CAB it was confirmed that 'volunteers' e.g. unpaid charity or Citizens Advice Bureau workers, are not protected by the Disability Discrimination Act 1995 (DDA) or the EU Framework Directive.
The Claimant (X), who was disabled, was a part time volunteer advisor at the CAB working 4-5 hours a week.
She signed a volunteer agreement described as being "binding in honour only... and not a contract of employment or legally binding". X was asked to stop volunteering at the CAB and, as a result, she brought a claim for disability discrimination under the DDA.
X alleged that her departure amounted to discrimination on grounds of her disability. Furthermore, she argued that she was protected by the EU Directive, and that the DDA should be interpreted widely so as to cover her as if she were ‘in employment'.
The Employment Appeals Tribunal dismissed the claim. It held that in order to be protected by the directive the claimant needs to be in "employment" which requires a material contract between the parties.
It was held that it was not the intention of the Directive to protect volunteers such as X who were not engaged under contracts.
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A number of problems and issues can arise in the workplace. Healys' specialists are highly experienced in advising upon any of your employment difficulties or concerns.
For advice on all aspects of employment law please call employment solicitor Victoria Regan in Brighton, direct dial, on 01273 810 065 or send her an email.
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