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11 January 2007
Issue: 7255 / Categories: Legal News , EU , Discrimination , Employment
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ECJ to rule on equal treatment for carers

News

A mother who cares for her disabled son has won the right to bring an unfair treatment claim against her employer to the European Court of Justice (ECJ).

The Disability Rights Commission (DRC), which backed Sharon Coleman, says her case concerns the interpretation of the EU’s Equal Treatment Framework Directive and its impact on UK disability discrimination legislation.

Although she is not disabled, Coleman claims the Directive protects her from unfair treatment stemming from her association with her disabled son.
Coleman, a legal secretary, says she was subjected to unfair treatment by her employers before she resigned in March 2005. In particular, she claims she was criticised and described as ‘lazy’ when she wanted to take time off to care for her child, and was not allowed to work flexibly, unlike mothers of non-disabled children working for the same employer.

Her former employer argued that UK discrimination legislation did include protection from ‘associative discrimination’ and questioned the
authority of the chairman of the original tribunal to refer the issue to the ECJ.
However, Judge Peter Clark, sitting alone at the Employment Appeal Tribunal (EAT), held that an employment tribunal does have the power to make such a reference. He also agreed with the chairman that the Disability Discrimination Act 1995 “is capable of interpretation, consistent with an interpretation of the Directive…to include associative discrimination”.

Agnes Fletcher, DRC assistant director of communications, says: “This case could have a major impact on the employment prospects of the six million people who provide unpaid care.”
 

Issue: 7255 / Categories: Legal News , EU , Discrimination , Employment
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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