The DDA does not extend to protecting volunteers

X v Mid Sussex Citizens Advice Bureau & Anor [2009] UKEAT 0220_08_3010

www.workrep.co.uk

    Helping You     About     Links     Contact     Site Info     HOME

09/11/2009


  • A part-time adviser at the CAB without a contract left her post and alleged that she had been discriminated against on the grounds of her disability.
  • Despite the claimant's volunteer status she attempted to have the EAT apply the protection of the Disability Discrimination Act 1995 (DDA 95) and the EU Framework Directive.
  • The EAT has however decided that volunteers for charities such as the CAB are not able to use the protections offered by the DDA and Directive other than in relation to "access" to occupation. Claimants in the volunteer's situation thus remain unprotected by law.
  • Citing the need for the existence of a contract between the parties, Burton J of the EAT held that a situation of employment did not exist here.
  • Burton J further refused to refer the case to the ECJ in order to decide on whether the Directive was intended to also protect volunteers suffering from discrimination. The judge justified this by saying that jurisprudence did not exist that suggested that the word "occupation" also meant unpaid employment.
  • The claim was struck out.

  


The transcript of this case follows:-   X v Mid Sussex Citizens Advice Bureau & Anor [2009] UKEAT 0220_08_3010  (usually found at the Bailli or Employment Appeals websites)

Some recent employment cases:-
2009
Autoklenz 'Subcontractors' were employees - the contractual substitution clause was just 'window dressing' - Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046
Contract was ultra vires but employee still able to pursue unfair dimsissal claim under ERA 96 - Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam [2009] UKEAT 0499_08_2108
Redundancies - ECJ rules that consultations do not need to begin until the parent company decides which subsidiary will be affected - Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy - ECJ [2009] Case C-44/08
ECJ rules holiday entitlement must not be lost through illness - Pereda v Madrid Movilidad SA - ECJ [2009] C-277/08
Costs follow lies (breaching confidentiality in a compromise agreement) - Dunedin Housing Association Ltd v. Donaldson - UKEAT [2009] 0014_09_0807
Pre-contractual negotiations can not be used as evidence for the meaning of a contract - Chartbrook Ltd v Persimmon Homes Ltd & Ors [2009] UKHL 38
Failure to fully exhaust statutory dispute resolution procedures means a claimant is barred from seeking redress in the courts - Booth v Oldham MBC [2009] EWCA Civ 880
Employers can not hide behind 'substantial equivalence' arguments to justify post TUPE contract changes - TAPERE v SOUTH LONDON AND MAUDSLEY NHS TRUST - [2009] UKEAT 0410_08_1908
The EAT rejects the refusing of the sole candidate for a job by citing conflict of interest and health and safety arguments - Amnesty International v Ahmed - [2009] UKEAT 0447_08_1308

Downloading, publishing, forwarding or any distribution etc of this or any other WorkRep article is subject to license. Workers (excluding HR, reps or consultants etc) researching their own tribunal cases may freely download up to 50 articles for their own personal and non commercial use.

Do you have a problem at work? Are you being discriminated against harassed or victimised at work or have you been unfairly dismissed or wrongfully dismissed? If you are suffering from bullying victimisation or discrimination at work you need to contact WorkRep early on. Whatever your employment problem is, even if you have failed in your tribunal case and there is now a costs application against you we will try to help. click for further information about problems at work

Disclaimer: articles and information published by WorkRep.co.uk are for general information purposes only.  Please read the site info before using this website  © 2009 Workrep