Volunteers not Covered

Volunteers are not covered by anti-discrimination laws - the Supreme Court ruled in the case of X v Mid-Sussex CAB that volunteers do not fall within the scope of anti-discrimination laws. Good news for charities, bad news for those working without pay. The test as to whether a person is a volunteer or an employee is determined by the courts/tribunals. Individuals should seek legal advice as to whether they are in fact employees with "expenses" more akin to remuneration and an obligation to work with the organisation obliged to provide work. Voluntary organisations can minimise the risk of volunteers becoming employees by avoiding remuneration and job perks, paying sums for expenses properly incurred only as well as allowing freedom to choose working hours & tasks.

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