Representation:-

discrimination against a non-disabled employee because he or she is a carer of, or is otherwise associated with, a disabled person is forbidden by the EC Equal Treatment Framework Directive (2000/78/EC) of 27th November 2000.

editor's notes:

1. 30th October 2009 The EAT has essentially confirmed the November 2008 decision of employment judge Stacey noted below (EBR Attridge Law (1) Law (2) v Coleman - EAT 30th October 2009 - click here for further detail, professional versions only).

2. 27th April 2009. The Equality Bill includes a provision designed to correct the position in UK law (see notes at Bills before Parliament/Equality Bill ).

3. 26th November 2008. Following the Advocate General's opinion noted here and the subsequent confirmatory ECJ ruling, employment judge Mary Stacey ruled at an employment tribunal that the tribunal "has jurisdiction to consider both [Mrs Attridge's] complaint of direct disability discrimination contrary to [Disability Discrimination Act 1995 s.3A(5)] on grounds of disability of her son ....". Click here to go to a copy of the tribunal decision in Coleman v EBR Attridge Law LLP - ET 26th November 2008.

   In essence, the tribunal ruled that given the ECJ judgment it could and should interpret the Disability Discrimination Act 1995 in a very broad, purposive, way to ensure that it gave effect to the Equal Treatment Framework Directive (2000/78/EC). The tribunal had to find either that Disability Discrimination Act 1995 s.3A is incompatible with EC law or find a way of, in effect, "twisting" the wording to make the UK Act say what on the face of it it does not say. The tribunal felt able to adopt the latter course on the basis that there was nothing contradictory in the wording of DDA 1995 s.3A. The result is that the case can therefore now proceed to a full hearing.

4. 17th July 2008. The ECJ agreed with the opinion of the Advocate General noted here (see final decision of the ECJ, Coleman v Attridge Law, ECJ Case C-303/06 on 17th July 2008, reported at [2008] IRLR 722).

5. Although this case was concerned only with disability discrimination, the same principle applies (as the Advocate General recognised) to discrimination by reason of religion and belief, age, or sexual orientation all of which are covered by the same EC Equal Treatment Framework Directive 2000/78/EC

For general relevant notes go to Disability Discrimination/Justification and/or Attridge Law & anor v Coleman EAT 2007 and/or European Law/priority over English law .