Carers granted anti-discrimination employment rights

by David Masters

Story link: Carers granted anti-discrimination employment rights

In a landmark decision, the European Court of Justice has ruled that laws protecting disabled employees from discrimination should be extended to cover discrimination against the carers of disabled people.

The European Court in Luxembourg yesterday ruled that a British mother was illegally discriminated against by her employer because she was the primary carer for her disabled child.

Sharon Coleman filed a claim of unfair constructive dismissal in 2005 against the legal firm where she had worked as a secretary.

In the Employment Tribunal, Ms. Coleman claimed that her employer had refused to allow her to return to her previous job, had denied her flexible working hours, had called her ‘lazy’ when she asked for time off to care for her disabled son, and had made insulting remarks about her son.

The tribunal referred the case to the European Court of Justice, which has now made an official ruling against ‘discrimination by association’, giving new legal rights to millions of carers across Europe.

The Court concluded that treating an employee less favourably because of a disabled child contravenes anti-discrimination law.

In its final ruling, the Court said: ‘An interpretation limiting its application only to people who are themselves disabled is liable to deprive the directive of an important element of its effectiveness and to reduce the protection which it is intended to guarantee.’

The TUC has issued a warning to employers to ensure that recruitment and workplace polices do not discriminate against staff with disabled family members.