Carer's discrimination case gains ground in European Court

In a case which has implications for the employment rights for all carers, today the European Court of Justice ruled that a carer could suffer discrimination 'by association'.

Sharon Coleman, who cares for her disabled son, took her discrimination claim to an employment tribunal after she felt forced into leaving her job as a legal secretary.

She began a claim for constructive dismissal against her former employer, Attridge Law, on the grounds that she had been treated less favourably than other parents working at the firm, due to her son's disability.

Her son suffers from serious respiratory problems and is prone to attacks where he stops breathing, however she says she was refused flexible working arrangements: "Other members of staff were taking time off for hospital appointments or worked from home, but my requests were always turned down."

While UK law outlaws discrimination against 'a disabled person', the EU directive it complies with uses the more general term 'on grounds of disability'. For this reason the employment tribunal referred the case to the European Court of Justice to clarify whether Europen discrimination laws also apply to those closely assosciated with a disabled person - such as being his or her primary carer.

Today the Advocate-General, Poiares Maduro, agreed that they do, saying: "One way of undermining the dignity and autonomy of people... is to target not them, but third persons who are closely associated with them.

"A robust conception of equality entails that these subtler forms of discrimination should also be caught by anti-discrimination legislation."

Although the court's final ruling will be delivered by a full panel of judges in the Europen Court later this year, this formal opinion gives a strong indication of the outcome. If the wider interpretation is upheld, then Sharon Coleman's case will return to an employment tribunal to make a decision on her claim.

Carole Cochrane at The Princess Royal Trust for Carers says:

"The Princess Royal Trust for Carers welcomes this crucial legal victory and hope that this case leads to greater steps to ensure that Britain's 2.5 million carers in the workforce do not face discrimination because of their caring role. Currently 1 in 5 carers are forced to give up work to look after a loved-one which can lead to isolation, ill-health and poverty, yet carers save the government a staggering £87 billion a year. Employers need to review their current working practices and allow carers greater flexible hours and support."

Related information

Visit our pages on Carers and Employment

Find out more about the right to request flexible working

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