Back
Get in Touch Menu

Volunteers are not protected against discrimination

10 July 2013

Businesses are now protected from potential discrimination claims made by volunteers. In the case of X v Mid-Sussex Citizens Advice Bureau, the Supreme Court has ruled that an unpaid volunteer without any binding contract is not protected against discrimination either under UK or EU law.

X was a volunteer who had signed a volunteer agreement with the CAB in May 2006.The agreement was phrased as being “binding in honour only…and not a contract of employment or legally binding”. X was asked to step down as a volunteer. She filed a disability discrimination claim against the CAB, on the grounds that she had been dismissed for being HIV-positive (which is designated in legislation as being a disability, for anti-discrimination purposes).

X was not protected under the Disability Discrimination Act (now replaced by the Equality Act in largely similar terms) because she did not have a binding contract. She argued she was protected under the EU Framework Employment Equality Directive, which refers to conditions “for access to employment, to self-employment or to occupation”. It was held that being a volunteer did not amount to any of these things. The concept of a volunteer having “access to occupation” under the directive was dismissed on the grounds that this provision contemplates access to a sector of the market, rather than a specific post. The court placed reliance on the fact that an amendment to specifically include voluntary work had been rejected during the directive’s legislative process.

The decision will be of comfort to charities, which will now not be vulnerable to discrimination claims from volunteers, provided they are not working under a binding contract. However, there have been cases where volunteers have been found to have binding contracts, and to have acquired certain legal rights as a result. It is, therefore, important that volunteer relationships are properly documented and that the legal status of the relationship is made clear. If the relationship is to avoid being viewed as legally binding, it should be expressed in terms of “expectations” on each side, rather than “obligations” or “commitments”.

Contact us for clear advice.

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Charlotte Cowdell BA (Hons), LLB
Senior associate, solicitor
Charlotte Brundson
View profile
Share this article
Resources to help

Related articles

Modernising wills – Law Commission proposes reforms to wills and testamentary freedom

Inheritance & trust disputes

The Law Commission of England and Wales has published its long-awaited recommendations on modernising wills law and bringing testamentary freedom into the 21st century. These recommendations, if implemented, would bring…

Claire Cox LLB
Partner

Employment Rights Bill: How will strike action be affected?

Employment & business immigration

There have been some high profile cases of striking across certain industries in the UK in recent times, but with the new Employment Rights Bill, how will strike action be…

Simon Pathé FCILEx
Partner, chartered legal executive

Employment Rights Bill: Making flexible working more accessible

Employment & business immigration

The Employment Rights Bill could bring changes to the way in which employees choose to work by making flexible working more accessible. Flexible working has been a hot topic in…

Simon Pathé FCILEx
Partner, chartered legal executive
Contact us