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An employment claim by a disabled volunteer over her dismissal at the Supreme Court was rejected (13 December 2012)

Date: 13/12/2012
Duncan Lewis, Legal News Solicitors, An employment claim by a disabled volunteer over her dismissal at the Supreme Court was rejected

The disabled volunteer sacked by a CAB had appealed on the grounds that the laws protecting disabled employees were against her dismissal but the Supreme Court had rejected her appeal.

The court ruled that she had no contract and she could not rely on the Disability Discrimination Act 1995.

It also held that article 3(1) a of the Framework Directive was not intended to give protection to volunteers and there was no need for a reference to the Court of Justice.

Delivering judgment on behalf of the court in X v Mid Sussex Citizens Advice Bureau [2012] UKSC 59, Lord Mance said the volunteer had “both academic and practical qualifications in law”.

She had become a volunteer adviser since 12 May 2006, for CAB, the Mid Sussex Citizens Advice Bureau. She was interviewed in which it was explained that there would be no binding legal contract between her and the CAB.

And that there was an agreement signed by her which stated that the agreement was binding in honour only and was not a contract of employment or legally binding. The employment tribunal had concluded that no legally binding contract came into existence, and the contrary was no longer suggested.

The Supreme Court heard that X completed her training by November 2006 and then carried out a wide range of duties as an adviser, including writing appeal submissions and case notes and undertaking specialist research.

Though she agreed to work for three days a week she was being absent up to 30 per cent of the time because of her illness.

X claimed that in May 2007 “she was asked to cease to act as a volunteer in circumstances amounting to discrimination against her on the grounds of disability”.

Lord Mance said in his opinion, there was no scope for reasonable doubt about the conclusion that the Framework Directive was not covering voluntary activity. The court said the position in regard to other language material for interpretation had thrown any doubt on the conclusion rather it reinforced it.

Lord Mance also rejected the argument that the UK regarded the directive as applying to voluntary activities through the Disability Discrimination Act 1995 (Amendment) Regulations 2003.

He said the regulations were accompanied by an explanatory booklet, issued by the Minister for Women, Barbara Roche, stating that ‘unpaid volunteers will not be covered’.

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