Do volunteers fall within "occupation" in the European Framework Directive so they are entitled to discrimination protection?
No, says the Supreme Court in X v Mid-Sussex Citizens Advice Bureau, upholding the Court of Appeal's decision from last year.
Kate Fretten, Employment Partner, says "The Appellant was an HIV positive CAB volunteer. She alleged that she was 'dismissed' because of her disability." Lord Mance gave nine reasons for rejecting her appeal, the important ones being:
1. There is no general EU law principle of equality. Protection is only afforded in specific contexts.
2. If protection was intended, "occupation" would appear in the legislation dealing with "employment and working conditions".
3. The definition of ‘occupation’ is "the trade, profession or type of work performed by the individual, irrespective of the branch of economic activity to which he is attached".
4. The Council of Ministers expressly rejected a proposal to include "unpaid and voluntary work".
5. The Appellant accepted not all volunteers were protected. But the Directive gave no indication of where to 'draw the line'.
6. Volunteers and workers are not comparable. The request for a Court of Justice of the European Union reference was rejected, as the Supreme Court said the answer was clear.
Get in touch if you need more information on this topic. You should find the other articles in January's employment newsletter of interest.
For a free initial meeting please call 01202 499255 and Kate or Paul will be happy to discuss any questions you may have.