X v Mid Sussex Citizens Advice Bureau and another [2012]
Decision Number:
Published on: 14/12/2012
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Background
The Supreme Court has ruled on this case, which concerns whether volunteers fall under the definition of 'worker' and, therefore, whether volunteers are protected by the Directive 2000/78 art.3(1)(a) and by the Disability Discrimination Act 1995.The appellant appealed against a decision that she, as a volunteer advice-worker, fell outside the scope of the disability discrimination protection provided by the Disability Discrimination Act 1995 and Directive 2000/78. She had been a volunteer adviser for the respondent bureau. The appellant had signed a „volunteer agreement‟ which was not a contract of employment and was not legally binding. She claimed that a year after taking up the position she was asked to cease acting as a volunteer, in circumstances amounting to disability discrimination. The Employment Tribunal, the EAT and the Court of Appeal had all held that the employment tribunal had no jurisdiction to hear the claim because volunteers fell outside the scope of the disability discrimination protection afforded by the 1995 Act and the Directive. The appellant submitted that her voluntary activities amounted to „an occupation‟ for the purposes of art.3(1) of the Directive.The appeal was dismissed and it was held that the activities of a volunteer advice-worker did not constitute an „occupation‟ for the purposes of Directive 2000/78 art.3(1)(a). Such a volunteer thus fell outside the scope of the disability discrimination protection provided by the Directive and by the Disability Discrimination Act 1995.http://bit.ly/UhX5x8
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This article is correct at 14/12/2012
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