Legal ruling gives new rights to Britain's six million carers

Britain’s six million carers who look after disabled family members and elderly relatives will now enjoy greater legal protection following a ruling by the European Court of Justice.

The court ruled that it is unlawful to treat an employee less favourably than others because of their association with a disabled person.

The case involved legal secretary Sharon Coleman and her son Oliver who was born with a rare condition affecting his breathing and hearing. Ms Coleman claimed she was forced to resign because she was harassed by her employers and denied the right to work flexible hours even though such arrangements were available to other employees.

She took the case to an Employment Tribunal which referred the matter to the ECJ for a ruling on whether “disability discrimination by association” in unlawful. The court ruled in her favour saying that the EU Directive banning discrimination in the workplace on the grounds of disability did not only protect the disabled themselves. It also extended to those who care for the disabled. Ms Coleman’s case will go back to the Employment Tribunal for a hearing in the light of the new ruling.

The facts of Ms Coleman’s case have yet to be determined by the Tribunal but the ruling ensures that the law now provides protection on the grounds of someone’s association with a disabled person. It will also offer protection to those caring for elderly relatives.

Sharon Coleman, whose case is being backed by the Equality and Human Rights Commission, 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.”

Please contact us if you would like more information about the rights of carers in the workplace or any aspect of employment law.

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