A disability discrimination claim from an unpaid worker has been rejected by the Court of Appeal.

The volunteer, identified only as Mrs X, alleged that Mid Sussex Citizens Advice Bureau had discriminated against her on the grounds of disability when she was asked to leave. Her case was backed by the Equality and Human Rights Commission.

However, Lord Justice Elias ruled that the Disability Discrimination Act and European Framework Directive did not cover X, because she did not have a contract with the CAB and was unpaid.

Laura Binnie at Blandy & Blandy LLP comments on the case: 

“The Court of Appeal rejected an argument from an unpaid CAB volunteer that she should be protected by disability discrimination laws in the same way as if she were an employee.  The decision will apply equally to the other ‘protected characteristics’ under the Equality Act 2010 which outlaws discrimination due to sex, race, sexual orientation, age etc.
 
“This case follows several other claims against the CAB in recent years from volunteers alleging they are entitled to employment rights. In the latest case, the Court of Appeal has made it clear that where the work is unpaid and cannot be said to be vocational training or an ‘occupation’, volunteers are unable to bring employment law claims. There is simply no contract of employment giving rise to any obligations on the employer (such as the duty to make reasonable adjustments in disability cases).
 
“While on first sight it may seem harsh that volunteers are worse off, given the absence of any real ‘obligations’ on the volunteer, there is a logic to them not being covered by employment laws. Certainly this decision will be welcomed by employers, particularly smaller organisations who may well be charities and may find it difficult to cope with the financial and time pressure which would come with employment claims in what is becoming an ever-expanding field of anti-discrimination laws.
 
“However, it should not be assumed that all ‘volunteers’ will not be entitled to protection. If the purpose of the volunteering is to lead to permanent employment or there is a specific written arrangement, it is more likely that the volunteer would receive legal protection.”

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