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On appeal from: [2011] EWCA Civ 28

The appellant, as a volunteer rather than an employee, fell outside the scope of the protections against discrimination on the grounds of disability afforded by the Disability Discrimination Act 1995 and Directive 2000/78/EC. Since the appellant had no contract, she did not on the face of it benefit by the domestic protection afforded by the Disability Discrimination Act 1995. Whether she could have any claim thus depended upon whether it was the intention of art 3(1)(a) of the Framework Directive that there should be wider protection, covering volunteers in her position. In the Court’s unanimous view, that was not its intention. The legislative history confirmed that it was not intended that art 3(1)(a) should encompass voluntary work. This was not open to reasonable doubt and there was no need for a reference to the CJEU for a preliminary ruling.

For judgment, please download: [2012] UKSC 59
For Court’s press summary, please download: Court’s Press Summary
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