Hi Malcolm
Guess you need an employment expert (hopefully there may be one on the
list). Not as expert but based on what you have said I would suggest that if
other volunteers have been given employment contracts whilst this person has
not then this could be discrimination in itself. The question has to be why
she has not got a contract whilst others have? Was she offered one but
refused? Was it that she was already there before contracts to volunteers
were offered? It would be certainly worth getting hold of a copy of the
employment agreement to see what it says.
It does sound as though she has an implied contract of employment and should
therefore be able to use her rights as an employee, although I am unsure of
what difference a volunteer employment may have to that of a paid employee -
one would hope that discrimination was covered in both situations. The radio
station does seem to be offering an alternative solution (recording) but as
to whether that is reasonable I guess only the courts or the DRC
conciliation service could say.
It certainly would be worth her phoning the DRC helpline and discussing her
position in order to start the process off.
Hope this helps a little.
Marcus
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
Malcolm Crate
Sent: 14 February 2005 10:49
To: [log in to unmask]
Subject: [ACCESSIBUILT] Voluntary employment
I was asked to give advice to a lady who works for a local community radio
station and who has MS. She works as a volunteer presenter and has a live
chat show on a Saturday morning which she has successfully being doing for a
number of years. The station manager wants to shift her show to the middle
of the afternoon on a week day. The lady works part time during the week
and has told the manager that she would be too tired to do the show. He has
told her that she should record the show instead, but this lady says that it
would change the nature of the show that she does. She feels that the
reasons for moving the show have not been given and are perhaps based on
personal grieviences with the manager. Unfortunately she does not have a
formal contract of employment although other volunteers have signed one. In
any case she feels that she is being discriminated against because of her
disability and that the changes being proposed are both petty and
unreasonable. Can anyone tell me whether she is in any way protected by the
DDA? Many thanks Malcolm Crate
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