Discrimination and Volunteers with HIV

posted: 09/02/2011

Volunteers do not have the same rights at work as paid workers, and that means disability discrimination at work against a volunteer with HIV remains legal.

The Equality Act 2010 left untouched this loophole in disability rights in the workplace.

This was made clear by the Court of Appeal recently when it threw out a HIV+ woman volunteer’s claim that a Sussex Citizens Advice Bureau had discriminated against her because of HIV, by stopping her working as a volunteer. Her case was backed by the Equality and Human Rights Commission.

 

The Appeal Court ruled that disabled volunteers do not have the disability rights protection of paid workers.

This has revived concerns about the unfair treatment some volunteers face at work.
 

Prospects for volunteer equality?

Mrs X wants to appeal to the Supreme Court, but to do this first she has to convince the court that she has a reasonable legal point that the Appeal Court got wrong. That looks unlikely to succeed. The other hope is for law change, but with the Equality Act less than one year old that is not going to be a priority for Parliament.

Volunteers are not ‘employed’ so don’t have paid workers’ rights
The court found she was not protected by disability rights law for workers because she was unpaid and did not have an employment contract. Mrs X was a volunteer with a law degree, a post-graduate qualification and she also hoped to secure a training contract with the Citizens Advice Bureau so she could qualify as a solicitor.
 

No European rights either
The court also found that volunteers were not protected by the European Union’s equal treatment directive.
 

Alex Eastwood, a legal caseworker for Disability Law Service, said discrimination against disabled volunteers was “all too common”, so it was “strange” they were not covered by the law. He said government welfare reforms were likely to lead to disabled people being forced to undertake voluntary work, but without any protection from anti-discrimination laws. He said: “Employers will therefore have no duty to make adjustments for disabled volunteers or take steps to prevent harassment of volunteers.”
 

‘Big Society’ wants volunteers but without equal rights 
The Equality and Human Rights Commission (EHRC), which “intervened” in the case, warned that if such laws do not apply to volunteers, organisations will legally be able to discriminate against disabled people and other groups. An EHRC spokeswoman said: “Given that many employees begin their working life as volunteers, which provides them with valuable experience which they can use as a step up to paid employment, it seems unfair that certain groups of people can legally be denied this experience.”
 

Andy Williams, from solicitors Charles Russell, who represents Mrs X, said the ruling could stop some people volunteering, harming the government’s “Big Society” programme. He said: “If the government’s Big Society vision involves an increased requirement for volunteers, as things stand those volunteers currently have no legal rights whatsoever.”
 

Discrimination may be legal, but it’s wrong
A CAB spokeswoman said: “The law is clear that volunteers do not have the same legal rights and responsibilities as paid employees. That is not the same as saying that organisations should be able to treat volunteers unfairly.” She insisted that CAB was “committed to equality, values diversity, and challenges discrimination” and had a “range of policies to support disabled people to volunteer”, with more than 1,500 disabled people volunteering across England and Wales last year.

What is the law?

The Volunteering England factsheet tells us:

"Discrimination and harassment           Anti-discrimination legislation applies to employment and the provision of goods and services, so doesn’t cover volunteers because they are not employed under the relevant legal definitions. Volunteering England advises organisations to reflect the spirit of such legislation in their volunteer involvement as a matter of good practice, to help ensure that volunteers are treated fairly and equally.
 

Harassment differs from discrimination, and although the Protection from Harassment Act 1997 doesn’t specifically refer to volunteers, it appears that anyone found guilty of harassment could face imprisonment and/ or a fine, as well as civil action by the person subjected to the harassment.

To summarise, if a volunteer were found guilty of harassment then they could face legal proceedings as well as civil action (although their status would be that of an individual, rather than a ‘volunteer’). Similarly, if a volunteer were subject to harassment, then they (as an individual) would be covered by this legislation.
 

Protection from Harassment Act 1997: The case of Majrowski v Guy's and St. Thomas' NHS Trust (2006) UKHL 34 suggests that it may not just be the abusive or threatening staff member who may be liable - their organisation may have vicarious liability as well. Majrowski v Guy's and St. Thomas' NHS Trust (2006) UKHL 34
 

To summarise, volunteers may have some form of redress against the worst forms of bullying or similar behaviour, but does this does not give them protection against discrimination as such."

Employment rights as a volunteer

Disability Law Service - rights factsheets

Volunteering England factsheet : When things go wrong

Source – Disability Law Service

New role for African volunteers at George House Trust

posted: 16/12/2010

George House Trust is launching an exciting new peer support service for people living with HIV from African communities. The project is funded by the Volunteering Fund and aims to reduce the stigma and isolation that many people living with HIV from African communities experience. Trained volunteers will offer peer support in a range of settings through sharing their own experiences of living with HIV, providing basic information about HIV and offering emotional support.

We are currently recruiting volunteers for the project and would like to encourage HIV positive people from African communities to apply.

The deadline for applications is Friday 14th January 2011 and we will be delivering our first Peer Support Volunteer Training Course  on the 21st, 24th and 26th January 2011.

If you would like to talk about getting involved as a volunteer, please speak to Laura on 0161 274 5653 or email: volunteering@ght.org.uk

Click here to read the volunteer role description.

Click here to apply to be a volunteer with this project.

You can also download the application form here.

Volunteers - Skilled for Health

posted: 05/11/2010

Our volunteer programme is featured as a case study in the new Skills For Health Volunteering Guide. It's for people advising about volunteering in the health sector.
 

The guide includes

• Surprising facts about volunteering in the health sector
• Individual case studies showcasing personal stories of volunteering
• Organisational case studies detailing how volunteers make an impact on services
• Tips for successful volunteering
• Careers information
• Links to further information.

Apart from the two page George House Trust volunteers case study, you will find examples of volunteering in healthcare across community groups, voluntary groups, charities and the NHS and find out the difference it makes to patients, people using services, staff and volunteers.
 

There is also information about building volunteering experiences into a career.
 

These success stories inspire potential volunteers to consider the benefits of volunteering in healthcare organisations across the UK.
 

Information about volunteering with George House Trust

Careers in Healthcare: A Guide to Volunteering in Healthcare Organisations The George House Trust case study is on pages 32 & 33.
 

Skills for Health
 

Volunteering - a positive experience

posted: 29/07/2010

George House Trust’s annual volunteer survey has shown an increase in volunteer satisfaction with 95% feeling they get support “whenever they need it” (up 4%) 93% happy with the recognition they receive in their volunteering (up 6%) and 95% feeling well informed about volunteer activities.

“All I can say is that it is a great voluntary organisation to work for” (survey respondent)

Volunteers also gave positive feedback about the training they receive with 100% saying that volunteer training courses are of good quality (up 10%) and 93% feeling that the induction training prepared them for their role (up 8%).

The benefits of volunteering are wide ranging: 80% say their confidence in their abilities has increased, 67% say they have developed vocational/job related skills and 97.5% have increased their understanding of different cultures and communities. Of those volunteers living with HIV, 73% feel more confident disclosing their HIV status as a result of volunteering at George House Trust.

“Thanks to volunteering at GHT, it has given me more confidence to face the world as a person living with HIV” (survey respondent)

Volunteers support George House Trust in a wide range of roles and gave over 9600 hours in the year 2009-2010. To find out more about volunteering, read the volunteering section of our website or come along to our next information session for new volunteers on Monday 20th September, 11am-1pm at George House Trust.
 

Find Out About Membership

posted: 14/06/2010

Thursday 1 July is the date for people who use our services and volunteers to find out about becoming more involved in George House Trust. People using services and volunteers are warmly invited to come and find out more on Thursday 1 July from 5.30pm. You could become a Member. Our membership is free.

Finding Out About Membership is on Thursday 1 July

• refreshments and snacks start at 5.30pm
• the talk and your questions begin at 6
• we will finish by 7pm.

George House Trust is a membership organisation. Members are the people who come to our Annual General Meeting and elect our board of trustees. This board then oversees and steers what we do. Members are the people who can also become trustees on the board.
 

Members Vote
Members also vote on any major strategic decisions for the organisation, either at the Annual General Meeting, or at any special meetings that might be called during a year.
 

Whether you are electing trustees or voting on major strategic decisions, being a member gives you the chance to influence what we do.
 

This event is all about telling you more and answering your questions. You will be able to meet existing trustees and members.

Below we explain in more detail what it is all about for those who are really curious or for people who cannot come to the meeting on Thursday 1 July.

Applying to become a member
To become a member you would need to:

• Use George House Trust services (this includes HIV positive people, carers, family) OR
• Be a current volunteer who is actively involved in the organisation AND
• Able to attend the Annual General Meeting, or to vote by post AND
• Support the aims and objectives of George House Trust.

We need people who know enough about us, support our work, are actively interested in our future, and are able and willing to come to the Annual General Meeting (or vote by post).

You can download the membership forms here:

• Membership information
• Application form
   

Two thirds of our members are living with HIV
We work to make sure that two-thirds of our members are people living with HIV.
We want about 100 members, and will pull names from a hat if too many people apply. We want a good balance of members to represent all our service users and volunteers.
 

Summer Members selection
We only appoint new members once a year – you must apply to be a member by Friday 30th July. By 20 August you should have the written answer to your application.
 

If you have any questions on membership please email