Claimant v HopeFull (SCIO)
Outcome
Individual claims
Tribunal found claimant was not an employee within meaning of Equality Act 2010 and therefore had no standing to bring discrimination claims. Tribunal also found no territorial jurisdiction as claimant worked entirely in Ukraine with insufficient connection to Great Britain.
Tribunal found claimant was not an employee within meaning of Equality Act 2010 and therefore had no standing to bring discrimination claims. Tribunal also found no territorial jurisdiction as claimant worked entirely in Ukraine with insufficient connection to Great Britain.
Facts
The claimant was a US citizen who volunteered with a Scottish-registered charity providing humanitarian aid in Ukraine between February and September 2023. She worked as a volunteer cooking and distributing pizzas, receiving accommodation and food but no monetary payment. She claimed that Mr Fisher orally promised her a £400 monthly stipend in July or August 2023, which the respondents denied. The claimant alleged sex discrimination and harassment.
Decision
The tribunal found that the claimant was not an employee within the meaning of the Equality Act 2010 because there was no contract of employment, no remuneration (accommodation and food were expenses not remuneration), and no mutuality of obligation. The tribunal also found it lacked territorial jurisdiction because the claimant worked entirely in Ukraine with insufficient connection to Great Britain and British employment law. All claims were dismissed.
Practical note
Volunteers working abroad for UK charities are not automatically protected by UK employment law; there must be genuine employment status and a sufficiently strong connection with Great Britain for tribunals to have jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 2216966/2024
- Decision date
- 2 May 2025
- Hearing type
- preliminary
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- HopeFull (SCIO)
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Volunteer (disputed)
- Service
- 7 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep