X v Mid Sussex Citizens Advice Bureau & Anor [2009] EWCA Civ 340 (10 March 2009)

X v Mid Sussex Citizens Advice Bureau & Anor [2009] EWCA Civ 340 (10 March 2009)

The Court of Appeal held that the issue of whether the appellant's voluntary role constituted 'occupation' under the Directive was arguable on the facts found by the Employment Tribunal and should be remitted to the Employment Appeal Tribunal for consideration alongside other issues.

Citation
[2009] EWCA Civ 340
Parties
Appellant: X; Respondents: Mid Sussex Citizens Advice Bureau & Anr
Jurisdiction
England and Wales
Judgment Date
10 March 2009
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Volunteer Rights, Interpretation of 'occupation' Under Directive 2000/78/ec, Employment Status
Employment Law Equality Law Disability Law European Union Law Disability Discrimination Volunteer Rights Interpretation of 'occupation' Under Directive 2000/78/ec Employment Status

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

X

Appellant

Mid Sussex Citizens Advice Bureau & Anr

Respondents

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether volunteer workers are excluded from the protection of the Disability Discrimination Act 1995
  2. 2 Whether the appellant's voluntary role constitutes 'occupation' under Council Directive 2000/78/EC
  3. 3 Whether the Employment Tribunal erred in law in its interpretation of 'work placement' and 'occupation'

Ratio Decidendi

The Court of Appeal held that the issue of whether the appellant's voluntary role constituted 'occupation' under the Directive was arguable on the facts found by the Employment Tribunal and should be remitted to the Employment Appeal Tribunal for consideration alongside other issues.

Court Disposition

Appeal allowed

Orders

  • Set aside the order of the Employment Appeal Tribunal dismissing the ground as unarguable
  • Remit the issue of 'occupation' to the Employment Appeal Tribunal for consideration with other issues