Volunteers who give their time unpaid to charities are not covered by domestic or European equal treatment legislation designed to protect employees, the Employment Appeal Tribunal has ruled.

The ruling arose from a claim brought by a citizens advice bureau volunteer who alleged she had received less favourable treatment under the Disability Discrimination Act 2005 (DDA).

The employment tribunal struck out the claim on the grounds that only employees, not volunteers, are protected by the DDA. The volunteer appealed this decision, but the EAT dismissed her argument that volunteering came within the definition of ‘occupation’ under the Equal Treatment Framework Directive (ETFD).

The ruling would apply to solicitors volunteering at citizens advice bureaux and other projects.

Meanwhile, in a separate case the EAT has ruled that the DDA should be interpreted as covering those who care for disabled people, as well as those who are themselves disabled.

The EAT upheld the case of Sharon Coleman, a legal secretary who claimed she had been discriminated against by London firm EBR Attridge Law because she had to take time off to care for her disabled son.

The judgment followed a ruling in the European Court of Justice last year that the ETFD’s prohibition of discrimination ‘on the grounds of disability’ did extend beyond the person who is disabled.

Lucy McLynn, employment partner at City firm Bates Wells & Braithwaite which acted for Coleman, said: ‘This case has lasted for four and a half years and five hearings.

It now returns to the employment tribunal, where Sharon may at last get a judgment.’

Anthony Sakrouge, head of employment at London firm Russell-Cooke who represented Steve Law of EBR Attridge Law, said his client was disappointed by the ruling and was considering whether to appeal.