Paula Onyia First v Royal Town Planning Institute Second Respondent: Royal Institute of British Architects Hearing: Watford (by video) on 26 June 2023 — 2023

Paula Onyia First brought claims against the Royal Town Planning Institute and the Royal Institute of British Architects. The tribunal found that her involvement with the RTPI began in 2020 as voluntary committee work, later expanded to policy review, articles, CPD work and then an international lead role. It accepted that she was unpaid, could refuse tasks, and had no written contract, oral agreement, or agreed rate of pay.

Applying s.230(1) ERA 1996 and s.83(2)(a) Equality Act 2010, and referring to UKSC X v Mid Sussex CAB and South East Sheffield Citizens Advice Bureau v Grayson, the tribunal held that Ms Onyia was a volunteer and not an employee, worker, or person in employment for Equality Act purposes. It found there was no contract, no obligation on either side, and no intention to create legal relations. On that basis, the claims for notice pay, holiday pay, arrears of pay and other payments had no jurisdictional basis and were struck out.

The discrimination complaints were also struck out. After Employment Judge Laidler's order, Ms Onyia said she was Black and relied on colour, and asserted direct discrimination, indirect discrimination, harassment and victimisation, but she gave no particulars of the conduct complained of. The tribunal observed that pure volunteers are not covered by the Employment Rights Act 1996 or the Equality Act 2010, and that the claims therefore had no reasonable prospect of success.