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X v (1) MID SUSSEX CITIZENS ADVICE BUREAU (2) LIN CHALLIS & (1) EQUALITY & HUMAN RIGHTS COMMISSION (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (3) CHRISTIAN INSTITUTE

Voluntary work at an advice bureau was not vocational training, as the purpose of the activity was not to train for a job, and it was not an occupation within the meaning of the Directive 2000/78 for the purpose of a claim for disability discrimination.

1 February 2011

The appellant voluntary adviser (X) appealed against a decision ((2010) 1 CMLR 27) rejecting her claims for disability discrimination against the first respondent advice bureau (M). X was disabled and had been accepted to work as a volunteer with M. She was given a volunteer agreement that was described as being binding in honour only and not a contract of employment. X undertook a nine-month training period and thereafter carried out a wide range of advice work duties. X was asked to cease to attend as a volunteer and she submitted a claim for disability discrimination on various grounds. The employment tribunal and appeal tribunal rejected her claims on all grounds. X argued that a voluntary post was a stepping-stone to employment and so was an arrangement for the purpose of determining to whom an employer should offer employment within the Disability Discrimination Act 1995 Pt II s.4(1), in respect of which it was unlawful to discriminate against a disabled person. The first inte...

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