Clause 78
Equality Bill
5:15 pm
Vera Baird (Solicitor General, Attorney General's Office; Redcar, Labour)
The amendment and the new clause are about whether we extend the protection from discrimination, victimisation and harassment to volunteers. We recognise the contribution of volunteering and believe that volunteers should be treated with respect and care, but we do not legislate for volunteers in exactly the same way as employees in the Bill.
First, there is no clear evidence of systematic discrimination. The majority of volunteers appear to be well managed. We have looked at the legal rights of volunteers on a number of occasions—most recently exploring them in 2004, when a private Member’s Bill was promoted by the hon. Member for Canterbury (Mr. Brazier). Research from 2007 shows no suggestion of such discrimination, although there may be some dissatisfaction in how voluntary placements are organised.
Secondly, there is some protection. Volunteers are currently protected from discrimination, victimisation and harassment in respect of the provision of goods, facilities and services to the public. As recipients of services—for instance, from an agency that arranges placements—there would be protection, which has been extended to cover age. Such discrimination might be highly relevant. Changing the laws proposed would provide a remedy in an employment tribunal instead of a county court, but there is a remedy already. Where the relationship between a charity or organisation and an individual amounts to employment, there is protection under the employment provisions.
A practical difficulty in extending discrimination legislation across the board is that volunteering can vary from regular daily routines in the shop to driving someone to hospital from time to time. There is a wide range of volunteering. In some cases, the organisation for which the volunteer works may do little more than put a volunteer in touch with someone who they may be able to help and then simply check up to see that all is going well. There would be difficulties in drawing the line, and there could be a chilling effect on the number of volunteers if legislative burdens were imposed on such a diverse sector. However, no one would wish that volunteers, who offer their time for free, should be treated unfairly, and the Government are committed to ensuring that that does not happen by continuing to monitor the situation and to provide support and guidance.