Volunteers

Genuine volunteers are not protected from discrimination in employment (X v Mid Sussex Citizens Advice Bureau [2012] UKSC 59). This is because there is no binding contract personally to do work. Without a binding contract (written or oral), there can be no protection under the EA 10. This is the case regardless of the hours worked by the volunteer, the control exercised over him or her, their level of expertise, or the extent to which their activities resemble paid work or are performed alongside paid workers. However, only genuine volunteers are excluded from protection.

Some volunteers may have separate protection under other parts of the Equality Act 2010 as:

• recipients of vocational training or work experience (see section 56(6) EA 10); or

• service users (EA 10 Part 3).