The EAT in X v Mid-Sussex CAB held that volunteers are not protected by the Disability Discrimination Act or the EU Framework Directive.
The claimant became a volunteer with the Citizens Advice Bureau (CAB), indicating that she would like to volunteer for four to five hours per week, although she frequently did not attend on the days she was expected and no objection was ever taken to this or to her changing the days she came in.
She also had no contract of employment. It is not automatic that such, or any, volunteering would lead to a paid job or employment at the CAB and volunteers are not given preferential treatment in applying for paid jobs with the Bureau.
Mr Justice Burton in the Employment Appeals Tribunal dismissed the claim. He held that to be protected by the directive a claimant needs to be in "employment" which requires a material contract between the parties. He held that it was not the intention of the directive to offer protection to volunteers in the claimant's position.
X v Mid-Sussex CAB, EAT