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X v (1) Mid Sussex CAB (2) Challis - CAB volunteer cannot claim disability discrimination [2009] EAT

Voluntary workers are protected from disability discrimination as a result of the wide definition of employment (see Disability Discrimination Act 1995 ss.4 and 68)  but this only applies if they have a contract personally to do work for those to whom they supply their services. The volunteer in this case was therefore not protected by the DDA.

Ms X  is an expert in welfare law who had a position as a specialist adviser with the Mid-Sussex CAB.  She carried out her activities as a part-time volunteer.  She brought a claim against the Bureau that she was discriminated against contrary to the Disability Discrimination Act 1995 on grounds of her HIV status.  This was because she had been asked to cease to attend as a volunteer.

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