Liberty - Protecting civil liberties, promoting human rights

Liberty’s client – known as X – alleges she was dismissed from her position as a volunteer adviser at the Citizen’s Advice Bureau (CAB) because of her disability. But her fight for justice has been defeated at every turn in the British courts – because she was merely a voluntary worker and therefore not covered by equality legislation.

 

Liberty argues that X’s treatment – and the absence of any prohibition in UK law against such discrimination of volunteers – violates Articles 8 (the right to a private and family life), 14 (no discrimination) and 13 (effective remedy) of the European Convention on Human Rights.

 

X worked as an unpaid volunteer for the CAB for more than a year. She alleges that after her manager learned of her disability she was told she could not continue. X was left needing counselling for psychiatric injury.

 

X felt she had been discriminated against because of her disability and tried to bring a claim under the Disability Discrimination Act 1995 (now replaced by the Equality Act 2010). However, the Employment Tribunal dismissed her claim because she was not an “employee” within the meaning of the Act. The Employment Appeal Tribunal, Court of Appeal and Supreme Court all dismissed X’s appeals. The Government intervened in the proceedings – arguing, in support of the CAB, that voluntary workers should not be covered by UK equality law.

Corinna Ferguson, Legal Officer for Liberty, said: “Our client’s CAB role was practically identical to that of paid advisers and yet she received no protection from discrimination simply because she didn’t have a contract.

 

“Voluntary work is often vital to people’s lives – particularly those unable to work because of poor health. The Government talks of Big Society and yet it is denying valued volunteers the most basic of equality rights.”

 

Liberty has issued a complaint on X’s behalf with the European Court of Human Rights. The human rights group argues that the lack of any prohibition of such discrimination breaches the UK’s positive obligations under Articles 8 and 14 of the European Convention. Liberty also contends that X was deprived of a remedy for the violation of those rights – in breach of Article 13.

 

Contact: Liberty Press Office on 020 7378 3656 or 07973 831128

NOTES TO EDITORS:

 

1. Please note that Liberty’s client in this case has been anonymised. She was designated by the letter ‘X’ in all domestic proceedings.