Ms S Dawswell v The Secretary of State for Justice — 2026

Ms Dawswell's disability discrimination claim against the Secretary of State for Justice was dismissed because the Tribunal found that she was not an employee of the respondent within the meaning of section 83 of the Equality Act 2010 at the relevant time. The Tribunal therefore did not have jurisdiction to determine the claim.

Ms Dawswell began volunteering as a Witness Service volunteer in or around January 2017. The Tribunal found that Citizens Advice Witness Service interviewed and appointed her, arranged the necessary DBS process, managed her supervision and meetings, administered travel reimbursements, and issued requests for assistance. The policies relied upon by Ms Dawswell were also Citizens Advice Witness Service policies.

The Tribunal accepted that the Witness Service worked closely with the respondent and that Ms Dawswell attended regularly, undertook training, supported vulnerable witnesses and felt a strong personal obligation to fulfil her commitments. It found, however, that close cooperation between the organisations and a personal sense of obligation did not establish legally enforceable obligations between Ms Dawswell and the respondent.

There was no written contract, no promise of wages and no agreement by which the respondent could compel Ms Dawswell to attend court. The Tribunal found that there was neither an express nor an implied contract between the parties. It also found that the designation of Witness Service volunteers as key workers during the COVID-19 pandemic did not create a contractual relationship. No monetary remedy was awarded or addressed.