Many organisations rely on volunteers these days. However, sometimes the issue of their employment status arises, which was the question before the Court of Appeal regarding a disability discrimination claim by a volunteer against the Citizens Advice Bureau.
X was a voluntary adviser at the Citizens Advice Bureau (CAB). She provided her services under a written agreement that described itself as ‘binding in honour only and not a contract of employment or legally binding’. When the CAB asked X to cease attending as a volunteer she suspected that it was because of her disability and she brought a claim of disability discrimination. The tribunal found that X was not covered by the Disability Discrimination Act 1995 (DDA) as her volunteering arrangements did not amount to ’employment’ within the meaning of S.68, there being no contract between her and the CAB. It also rejected the argument that the volunteering arrangement was one by which the CAB determined to whom to offer employment, within the meaning of S.4(1)(a). The EAT rejected X’s appeal and she appealed further to the Court of Appeal (CA).
The CA rejected the appeal. First, the CA agreed with the tribunal’s rejection of X’s S.68 ‘employment’ and S.4(1)(a) ‘arrangements for employment’ arguments under the DDA.
As to X’s further argument that a volunteer came within the scope of ‘occupation’, covered by the EU Equal Treatment Framework Directive, the CA acknowledged the need to give a broad and purposive interpretation to EU discrimination law, but thought it more likely that this category was intended to cover access to professions and sectors, as the EAT had indicated, rather than the claimant’s circumstances. The CA thought it far from evident that it is desirable to include volunteers within the scope of the employment discrimination legislation, noting that this had been a topic of genuine debate both in the UK and at European level. In actual fact, when the European Commission proposed an amendment to the Directive specifically covering volunteers, the European Council chose not to introduce it. This suggested that the desirability of such a measure was genuinely doubted and indicated an acknowledged view that volunteers are not covered
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
