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Extension of Workers Rights
Millions of workers who care for disabled dependants are on the
verge of acquiring new rights not to be discriminated against
because of their association a disabled dependent. The Disability
Discrimination Act 1995 gave significant new rights to disabled
workers/prospective workers when it came into force. What it did not
do, and still does not do, is provide rights to those who care for
disabled people not to be discriminated against due to their
association with a disabled person.
Sharon Coleman took her case to the European Court of Justice after
her claim was remitted to that court by the Employment Tribunal as
it related to the interpretation of European Directives.
Her claim against he employer was based on the allegation that she
was discriminated against by reason of her time off work to care for
her disabled son, who suffered from severe respiratory problems. Her
request for flexible working arrangements were turned down (whilst
others were granted). Her manager allegedly accused her of being
lazy and using her son’s condition to get out of work. Sick and
tired of this treatment towards her she felt forced into to taking
voluntary redundancy in 2005.
Association
The Advocate General, who provides his opinion to the ECJ before the
hearing takes place, stated that EU equality law does cover
discrimination by association. Such laws are designed to protect
those minorities and discrimination by association is a subtle form
of discrimination against those minorities.
The opinion of the Advocate General is followed by the ECJ 4 times
out of 5 and as such Sharon Coleman will be very optimistic that the
ECJ will find in her favour and at the same time create a new branch
of discrimination which will have far reaching effects on the
employment field.
If the ECJ do find in Sharon Coleman’s favour the next step is for
her to see whether UK courts are prepared to interpret UK law in the
same way by implying additional wording into the legislation with
the aim of achieving the purpose of the European Directive. It may
ultimately lead to a change of all discrimination laws, not just
disability.
Serious Consideration
Any business which is facing requests now from carers of disabled
people should give serious consideration to whether or not they can
justify turning the request down on genuine business reasons. A
failure to do so may lead to an inference that it is discrimination
by association.
Copyright 2006 - 2010 Taylors Solicitors
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Discrimination
by Association