Case Law highlights distinctive nature of ‘volunteering’ and importance of good practice in protecting it.

Significant cases which test courts understanding are available on Volunteering and Law Information Sheet.

There has been a recent update in one particular case between X –v- Mid-Sussex Citizen Advice Bureau which has been ongoing since 2009. Mrs X alleged that she had been forced out of the role by the charity because of her disability, and attempted to challenge the charity in an employment tribunal. The Tribunal agreed, and the Court of Appeal later upheld the decision that Mrs X was not entitled to bring an employment tribunal claim because she was not an employee. Following this Mrs X took the case to the Supreme Court. The Supreme Court ruling has just been released in Dec 2012- it upheld previous rulings and found that European law also clearly states that protection from discrimination in the workplace does not extend to volunteers. It turned down her application to take the case to Europe.

 There are a number of important reflections for volunteer involving organisations and volunteers from case law:

• It highlights the importance of sound volunteer management practices to ensure that the relationship between volunteers and organisations is clear and distinct from employees.
• Good volunteer management practices also means that misunderstandings or difficult situations are less likely to arise and when they do, can be dealt with quickly and appropriately.
• Whilst there is no legal obligation to have polices and practices in place for volunteers. These differences place an emphasis on the need for organisations to acknowledge a moral responsibility to protect volunteers by ensuring that volunteers, the organisation and those who engage in their service/s are valued, respected, motivated and treated fairly.         

 Volunteer Now have developed a range of volunteer management best practice information sheets that can be downloaded free by visiting the publication section of www.volunteernow.co.uk .