“Judgment in the case of X v. Mid Sussex CAB was handed down by the Supreme Court 12th December 2012, in which it was held that volunteers (unpaid workers) qualify for protection from discrimination under the employment provisions of European or domestic anti discrimination law. The principle disagreement between the parties (a volunteer legal advisor and a CAB) was about the proper interpretation of Article 3 of the Framework Directive, which underlies the relevant legislation. The Appellant had argued that certain volunteers in certain situations do fall within scope – namely those whose volunteer activities closely resemble paid work. The CAB argued that no volunteers fall within the legislation, irrespective of the nature of the work that they do. In dismissing the appeal, the Court held that the law in this area was sufficiently free from doubt, such that there was no need to refer any questions to the CJEU.”

Full story (PDF)

Cloisters, December 2012

Source: www.cloisters.com