European court ruling supports carers rights

In a landmark decision, which could lead to more rights for carers in the workplace, European court judges today ruled that EU law protecting employees against discrimination at work due to disability, also applies to their carers.

Sharon Coleman, a legal secretary, felt forced to resign due to her employer refusing her flexible working arrangements to enable her to work and care for her son, who was born with serious respiratory problems. She claimed she was discriminated against and treated less favourably than other employees whose children were not disabled.

The case was referred to the European Court of Justice by an employment tribunal, for a ruling on whether European laws covering employment discrimination on the grounds of disability also applied to those caring for disabled children.

In response to the judgement today Sharon Coleman said: "All I was ever asking for was an equal playing field with the same flexibility afforded to my colleagues without disabled children. This has been a long, hard battle and it is not over yet, but I am thrilled that the European Court has ruled in my favour. This decision will mean so much to so many people."

This ruling has important implications for all carers in the workplace and could lead to employers reassessing their recruitment and equal opportunity policies.

The Princess Royal Trust for Carers welcomes this huge step towards equality for carers. This country needs carers to remain in the workforce and to do so, they need to be able to work flexibly and within environments where disability and caring are both valued, not stigmatised.

We hope that the government will embrace this judgement as an opportunity to show carers how much they are valued. The rights it establishes should be extended beyond parents of disabled children to all carers. Many carers were disappointed that the Government’s National Strategy for Carers did not contain any measures to tackle discrimination. We urge the government to revisit the forthcoming Equality Bill in the light of today’s judgement.

With the scope of EU discrimation laws clarified, this case will now go back before the employment tribunal.

Related information

More background on this case: Carer's discrimination case gains ground in European Court

Find out more about the right to request flexible working

Visit our pages on Carers and Employment