Volunteers
[ch 7: page 230]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. Regardless of the hours they work, their level of expertise, or the extent to which their activities resemble paid work or are performed alongside paid workers, if there is no legal obligation to work, there will be no protection. However, only genuine volunteers are excluded.
Some volunteers may have separate protection under other parts of the EA 10 as:
• recipients of vocational training or work experience (see section 56(6), EA 10); or
• service users (EA 10, Part 3).