The full text of this judgment is available free of charge on the BAILII website.
Representation:-
Mr Melhuish, the appellant, appeared in person
Miss Lucy McLynn, Solicitor, Messrs Bates Wells & Braithwaite, Solicitors, Cheapside House ,138 Cheapside, London EC2V 6BB appeared for the Redbridge CAB, the respondent.
Authority for the propositions that:-
- in law an unpaid volunteer is neither an "employee" nor a "worker" and therefore cannot bring a claim in an employment tribunal;
- it is an essential feature of a contract of employment that consideration moves from each party to the other - services from the employee and wages or remuneration from the employer (this is technically known as "mutuality of obligation"); and for this purpose neither provision of training nor reimbursement of expenses can count as a substitute for wages or remuneration.
For relevant general notes see Definitions and interpretation/employee and/or Definitions and interpretation/worker and/or Casual workers/voluntary workers
FINISH>
prepared June2005