header-logo header-logo

24 July 2008
Issue: 7331 / Categories: Legal News , Discrimination , Family
printer mail-detail

Increased protection for carers and parents

Legal news update

The ban on discrimination laid down by the Equal Treatment Framework Directive is not limited to disabled people but applies also to their carers, the European Court of Justice (ECJ) has ruled.

Alex Lock, employment partner at Beachcroft LLP, says Coleman v Attridge Law is a landmark case and could lead to a significant rise in claims of this kind.

“It signifies an added protection for both carers and parents of disabled children, who already enjoy the right to request flexible working for parents of disabled children under 18 years old,” he says.

The judgment, he says, will serve as a sharp reminder to employers to look at such requests dispassionately and fairly, and not allow any prejudice they may have to influence their decision.

Coleman, who worked as a legal secretary for law firm, Attridge Law, claims her employers treated her less favourably than other employees as a result of her disabled child and that this treatment caused the termination of employment.

She also alleges that she was not allowed to go back to her existing job on her return from maternity leave, she was not allowed the same flexibility as other employees who had non-disabled children, and that abusive and insulting comments were made about her and her child.

The ECJ ruled that the Directive is intended to prohibit direct discrimination or harassment on grounds of disability, even where the person concerned is not disabled themselves. Lock says the knock-on effects of this judgment will be hugely significant. “Until now, it had not been clear whether you could claim direct discrimination by association in relation to disability: this had only been established in relation to race discrimination.”

The Directive, he adds, applies to age, sexual orientation, religion and belief, and disability. “As a result, discrimination by association in any of those areas must also be prohibited.”

Issue: 7331 / Categories: Legal News , Discrimination , Family
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll