EAT on 20th December 2006, reported at [2007] ICR 654 (also at [2007] IRLR 88)
NOTES

  • Attridge Law & anor v Coleman, EAT on 20th December 2006, reported at [2007] ICR 654 (also at [2007] IRLR 88).
  • The full text judgment in this case is available free of charge on the BAILII website

    Representation:

  • Mr Robert Moretto instructed by Messrs Attridge Law Solicitors, 196 Southwark Park Road, Bermondsey, London SE16 3RP appeared for the employer
  • Mr R. Allen QC and Mr P. Michell jointly instructed by Bates Wells & Braithwaite Solicitors, 2-6 Cannon Street, London EC4M 6YH and by the Disability Rights Commission, 3rd Floor, Fox Court, 14 Grays Inn Road, London WC1X 8HN appeared for Ms Coleman
    Authority for the propositions that:-

    1. an Employment Tribunal Chairman has power to refer a question to the European Court of Justice; and
    2. the wording of Disability Discrimination Act 1995 s.3A(5) is such that a person, such as a carer, who is not herself disabled but who is discriminated against because of a 3rd party's disability cannot bring a claim.

    The ET referred questions to the ECJ.

    STOP PRESS
    26th November 2008 and 30th October 2009
    (see notes at Coleman v Attridge Law & anor ECJ 2008 and/or at EBR Attridge Law LLP & anr v Coleman EAT 2009 )

    The ECJ ruled on 17th July 2008 that under EC law a person such as a carer, who is not herself disabled but who is discriminated against because of a 3rd party's disability can bring a claim. The case then came back to the South London employment tribunal and then the Employment Appeal Tribunal both of which ruled, in the light of the ECJ's interpretation of the Equal Treatment Framework Directive 2000/78/EC, that additional words should be interpolated into DDA 1995 s.3A(5) to make sure it complied with the Directive (see notes at Coleman v Attridge Law & anor ECJ 2008 ).

    For general relevant notes see Procedure of Employment Tribunals/2004 rules/rule 58 - references to the European Court of Justice and/or Disability Discrimination/Justification .


    FINISH>
    prepared Feb 2007