Share

Volunteers not protected by discrimination law, tribunal rules

Volunteers not protected by discrimination law, tribunal rules
News

Volunteers not protected by discrimination law, tribunal rules

Governance | Tania Mason | 4 Nov 2009

Volunteers are not protected by the Disability Discrimination Act because they are not covered by the term “occupation”, the Employment Appeal Tribunal has ruled.

In a case that will have implications for all charities that deploy volunteers, the Tribunal last week handed down a decision regarding the employment status of volunteers in the case of X v Mid Sussex Citizens Advice Bureau, concerning a volunteer who brought a claim for disability discrimination against the CAB.

The case has been running since 2007 and was heard in the Court of Appeal and the Employment Appeal Tribunal in 2009.

The volunteer’s claim for discrimination was rejected by the Tribunal at first instance on the basis that volunteers are not protected by the existing disability discrimination legislation.

The volunteer appealed this decision alleging that she can be protected because her volunteering falls within the definition of “occupation” under European equal-treatment legislation. She argued that the Disability Discrimination Act should be interpreted to include occupation and to thereby provide protection for volunteers. It was further suggested that such an interpretive approach should be extended to the other strands of discrimination.

But the Employment Appeal Tribunal found in favour of the CAB in respect of both arguments, holding that volunteers are not covered by the term "occupation" in the European equal-treatment legislation.

Comments

[Cancel] | Reply to:

Close »

Community Standards

The civilsociety.co.uk community and comments board is intended as a platform for informed and civilised debate.

We hope to encourage a broad range of views, however, there are standards that we expect commentators to uphold. We reserve the right to delete or amend any comments that do not adhere to these standards.

We welcome:

  • Robust but respectful debate
  • Strongly held opinions
  • Intelligent relevant discussion
  • The sharing of relevant experiences
  • New participants

We will not publish:

  • Rude, threatening, offensive, obscene or abusive language, or links to such material
  • Links to commercial organisations or spam postings. The comments board is not an advertising platform
  • The posting of contact details for yourself or others
  • Comments intended for malicious purpose or mindless abuse
  • Comments purporting to be from another person or organisation under false pretences
  • Gratuitous criticism, commentary or self-promotion
  • Any material which breaches copyright or privacy laws, or could be considered libellous
  • The use of the comments board for the pursuit or extension of personal disputes

Be aware:

  • Views expressed on the comments board are left at users’ discretion and are in no way views held or supported by Civil Society Media
  • Comments left by others may not be accurate, do not rely on them as fact
  • You may be misunderstood - sarcasm and humour can easily be taken out of context, try to be clear

Please:

  • Enjoy the opportunity to express your opinion and respect the right of others to express theirs
  • Confine your remarks to issues rather than personalities

Together we can keep our community a polite, respectful and intelligent platform for discussion.

Free eNews

Two-thirds of charities concerned about post-election funding cuts, says survey

24 Apr 2015

Two-thirds of charities, surveyed by accountancy firm Baker Tilly, have said that they fear reductions...

Retail charity bond raises £27m and closes early

23 Apr 2015

A retail charity bond offer for Hightown Praetorian and Churches Housing Association closed early after...

High Court refuses judicial review over Camphill Village Trust human rights dispute

23 Apr 2015

Camphill Village Trust residents and co-workers have formed a community branch of Unite the union, as...

'Wacky' fundraising activities rise by more than 200 per cent, says Virgin Money Giving

24 Apr 2015

Fundraisers are going further than ever before to encourage sponsors to part with cash, according to research...

Comic Relief launches grants programme for digital projects

24 Apr 2015

Comic Relief has launched Tech for Good, a new grants programme to help charities run digital projects...

Tower Hamlets grants-for-votes mayor found guilty of electoral fraud

23 Apr 2015

Lutfur Rahman, the former mayor of East London borough Tower Hamlets, was yesterday found guilty of electoral...

Charities 'need a complete culture change' for digital transformation, says report

24 Apr 2015

Digital teams need to develop better relationships with colleagues in IT and elsewhere in the organisation...

Comic Relief launches grants programme for digital projects

24 Apr 2015

Comic Relief has launched Tech for Good, a new grants programme to help charities run digital projects...

A third of Britons donate to charity by text message, reveals survey

23 Apr 2015

Over 30 per cent of Britons donate to charity by text message and 61 per cent now donate through online...

Join the discussion

Twitter
 
Training

Attending our one day courses is a highly effective way of ensuring new and existing trustees fully understand their role, responsibilities and liabilities.

>> Find out more <<