Mr Horan, Counsel. For the v Mr Brett, Solicitor. — 2018

At the preliminary hearing on 4 December 2019, Employment Judge Postle considered whether Ms Clare Smith could bring a disability discrimination claim against Norfolk County Council under the Equality Act 2010. The issue was not the merits of any alleged discrimination, but whether she had the status of an employee, worker, public officer, or personal office holder so as to fall within the tribunal’s jurisdiction.

The tribunal found that the Norfolk Autism Partnership Board was a separate body from Norfolk County Council. It accepted evidence that the board was made up of a wide range of stakeholders and that the claimant had been elected by the autism community, rather than appointed by the council. The judgment also noted correspondence in which the claimant described herself as a member or co-chair of the board and referred to the board as separate and independent from the council.

On the evidence, the tribunal held that the claimant was not a personal office holder under section 49 of the Equality Act 2010 because the sums she received were only mileage, expenses, and a small attendance allowance, and she was not discharging functions personally under the direction of another person. It also held that she was not a public office holder under section 50 because she had been elected rather than appointed by a member of the executive, and because the relevant decision-making body was not a government ministerial body. The tribunal further found there was no contract of employment, no mutuality of obligations, no regular hours, no pay, and no integration into the council’s employment structure.

The tribunal therefore concluded that Ms Smith was acting as a volunteer and was not protected by the Equality Act 2010 in the capacity needed to bring a claim against Norfolk County Council. The claim was dismissed at the preliminary stage. No remedy was awarded.