X v Mid Sussex Citizens Advice Bureau & Anor

X v Mid Sussex Citizens Advice Bureau & Anor

The court held that the issue of whether the appellant's voluntary role constituted 'occupation' under the Directive was arguable and should be remitted to the Employment Appeal Tribunal for consideration alongside other issues, setting aside the previous order that the issue was not arguable.

Parties
Appellant: X; Respondents: Mid Sussex Citizens Advice Bureau & Anr
Jurisdiction
England and Wales
Judgment Date
10 March 2009
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Volunteer Rights, Interpretation of Statutes, Direct Effect of EU Directives
Employment Law Discrimination Law Disability Discrimination Volunteer Rights Interpretation of Statutes Direct Effect of EU Directives

Case Brief

Summary, issues, holding and outcome

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Parties

X

Appellant

Mid Sussex Citizens Advice Bureau & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

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

Ratio Decidendi

The court held that the issue of whether the appellant's voluntary role constituted 'occupation' under the Directive was arguable and should be remitted to the Employment Appeal Tribunal for consideration alongside other issues, setting aside the previous order that the issue was not arguable.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal refusing permission on the 'occupation' ground set aside
  • Matter remitted to the Employment Appeal Tribunal for consideration of the occupation issue and related matters