Volunteer on advisory commission not an employee: tribunal dismisses unfair dismissal claim
A social rights activist who volunteered on an advisory group and a commission for the Greater London Authority was found not to be an employee or worker, so his unfair dismissal and race discrimination claims could not proceed.
1 min read · Last updated 18 May 2026
Case details
- #volunteer
- #community-group
- #commission-member
- #race-discrimination
- #unfair-dismissal
- #jurisdiction
Key facts
- The claimant participated in an informal advisory group (COG) and was appointed to a commission (CDPR) on a voluntary basis.
- The claimant received no remuneration for his participation, only reimbursement of expenses for the commission.
- The claimant stepped back from the commission after allegations of antisemitism were reported in the press.
- The respondent asked the claimant to step down from the COG, and when he refused, he was excluded from its activities.
- The tribunal found no contract of employment or worker relationship existed between the claimant and the respondent.
Timeline
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Claimant joins COG
The claimant emailed Ms McGrath expressing willingness to join the Community Organising Group (COG) and was welcomed.
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Claimant invited to join Commission
The claimant received a conditional offer to become a member of the Commission for Diversity in the Public Realm (CDPR).
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Commission members announced
The respondent publicly announced the 15 selected members of the CDPR, including the claimant.
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First Commission meeting
The Commission met for the first time; the claimant attended. The vetting process was ongoing, and no formal appointment letter had been issued.
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Claimant steps back from Commission
After discussions with Deputy Mayors, the claimant voluntarily stepped back from the Commission following media allegations of antisemitism.
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Claimant queries exclusion from COG
The claimant emailed the respondent asking if he had been removed from the COG and requested inclusion in future correspondence.
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Respondent asks claimant to step down from COG
DWB emailed the claimant asking him to step back from the COG due to the allegations.
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Claimant refuses to step down
The claimant refused to step down voluntarily; DWB responded that she would formally remove him from the group.
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Claim form presented
The claimant presented claims of unfair dismissal and race discrimination to the Employment Tribunal.
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Preliminary hearing
The tribunal heard the preliminary issue of whether the claimant was an employee or worker.
The legal issue
The tribunal had to decide whether the claimant was an employee or worker under the Employment Rights Act 1996 and the Equality Act 2010, which would give it jurisdiction to hear his claims of unfair dismissal and race discrimination.
The outcome
The tribunal dismissed all claims because the claimant was not an employee or worker.
- The claimant was a volunteer on an informal advisory group and a commission, receiving only expense reimbursement.
- There was no mutuality of obligation or sufficient control to create an employment or worker relationship.
- No compensation was awarded as the claims were struck out for lack of jurisdiction.
Lessons & takeaways
- Volunteers who only receive expense reimbursement are unlikely to be considered employees or workers, so they cannot bring unfair dismissal claims.
- To be an employee or worker, there must be a contract with mutuality of obligation and sufficient control by the organisation.
- Before bringing a claim, check your employment status carefully — tribunals will first decide if they have jurisdiction.
- Informal advisory roles without pay or formal obligations do not create employment rights.
When volunteering doesn't mean employment
This case shows the importance of employment status for tribunal claims. The claimant, a social rights activist and community educator, volunteered on the Greater London Authority's Community Organising Group (COG) and later on the Commission for Diversity in the Public Realm (CDPR). He received no pay, only reimbursement of expenses for the commission. After media allegations of antisemitism, he stepped back from the commission and was later asked to leave the COG. When he refused, he was excluded. He claimed unfair dismissal and race discrimination.
The tribunal's decision
The tribunal had to decide a preliminary issue: was the claimant an employee or worker? If not, the claims could not proceed. The tribunal found no contract of employment or worker relationship. The COG was an informal group with no legal structure, and the commission was a voluntary role. There was no obligation to provide work or to perform it — the claimant could step back at any time. The respondent did not control how he worked. Without mutuality of obligation and control, the claimant was a volunteer, not an employee or worker.
What this means for similar claims
The outcome was a dismissal of all claims, with no compensation. The lesson for volunteers is clear: unpaid advisory roles, even with prestigious organisations, do not give employment rights. If you want protection against unfair dismissal or discrimination, you need a contract of employment or a worker agreement with pay and obligations. The tribunal's approach follows established case law, including the Supreme Court's decision in X v Mid Sussex Citizens Advice Bureau, which confirmed that volunteers are not protected by employment law. Anyone considering a claim should first check their status — a tribunal will always start there.
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