February 04, 2011
The Court of Appeal has rejected a claim by an unpaid voluntary worker for disability discrimination. The worker was dismissed from her position at the Citizens Advice Bureau and argued that this was because of her disability. The Employment Tribunal had originally found her dismissal to be lawful so she then brought the appeal arguing that she should be protected by European equal treatment legislation that covers those “in occupation”. However, the Court of Appeal unanimously rejected her arguments on the basis of it being ‘unrealistic to believe that voluntary workers were intended to be covered by concepts of employment and occupation which would not normally embrace them’. Many organisations engaging voluntary workers can be relieved by the clarification that the case brings, especially as many such organizations would lack the resources to defend an increase in discrimination cases that could be envisaged if the outcome had been different. However, the Equality and Human Rights Commission (ECHR), who gave representations on behalf of the worker in the case, has called the decision unfair. Its wider implications mean that voluntary workers will not be protected under the Disability Discrimination Act 1995. It remains to be seen whether the EHRC will challenge the decision further in the Supreme Court. Anyone who is concerned about their status or that of their workers should seek the advice of an employment solicitor.