A NEW European ruling has paved the way for able-bodied workers to bring claims against their employer under the disability discrimination rules, says law firm DWF.
The comments follow the decision in the case of Sharon Coleman, who claims she had to leave her job because she was not allowed sufficient flexibility to care for her disabled son. She claims she suffered ‘discrimination by association’ and took her case to an employment tribunal.
The European Court of Justice, which was asked for its opinion on the case, has now decided that the EU discrimination rules which cover the disabled also apply to people who are closely associated with them. Ms Coleman’s case is now back in the hands of the UK employment tribunal for a final decision.
Clare Young, solicitor with DWF in Liverpool said: “The decision by the European Court does make sense. For example, it is fully accepted that UK laws on sexual orientation, religion and race discrimination laws give employees protection from less favourable treatment because of their association with people having particular characteristics. A wife should not be treated less favourably or harassed because of her mixed-race marriage, for instance. So protection for employees with a disabled son is consistent with that.
“This decision does not give new rights to carers who ask to work flexibly in order to care for disabled relatives but does confirm a new protection for carers and others who are associated with people with disabilities under the Disability Discrimination Act 1995.
“However it will undoubtedly cause more problems for employers in trying to ensure that they treat employees fairly. As it is, the decision has paved the way for other non-disabled people to bring claims under the discrimination rules so employers must ensure they are alert to this and find out the full situation when dealing with their staff.�