X v Mid Sussex Citizens Advice Bureau UKEAT/0220/08
The EAT upheld a Tribunal’s decision that a voluntary worker whose volunteer arrangements with the CAB were non-contractual, could not pursue employment claims against that organisation under the Disability Discrimination Act.
Ms X worked for 4-5 hours a week as a volunteer which was described as “binding in honour only and not a contract of employment or legally binding”. She was not obligated to provide services and while she undertook a wide range of advice work she often did not attend work when she was expected to (some 25% - 30% of the time). When the CAB asked her to cease working there, she brought a claim under the DDA.
Key point: Employers using volunteers should review the contractual documentation they have detailing the arrangements between them.