EAT on 30th October 2009, reported at [2010] ICR 242 (also at [2010] IRLR 10)
NOTES

  • EBR Attridge Law (1) Law (2) v Coleman, EAT on 30th October 2009 reported at [2010] ICR 242 (also at [2010] IRLR 10)
  • The full text of this judgment is available free of charge on the BAILII website.

    Representation:

  • EBR Attridge Law did not appear and was not represented.
  • Adam Solomon instructed by Messrs Russell Cooke, 2 Putney Hill, London SW15 6AB appeared for Mr S. Law
  • Paul Michell instructed by Messrs Bates Wells & Braithwaite LLP, Scandinavian House, 2-6 Cannon Street, London EC2M 6YH appeared for Ms Coleman..
    Authority for the proposition that:-

    1. it is permissible for an employment tribunal to insert wording into a UK statute if that is the only way to ensure conformity with EC law, provided the inserted wording is not contrary to the wording actually used in the statute and is "compatible with the underlying thrust of the legislation".

    2. it is unlawful discrimination contrary to Disability Discrimination Act 1995 for an employer to discriminate against a non-disabled employee who is carer of a disabled person if the discrimination is by reason of that disabled person's disability.

    For relevant general notes see European Law/priority over English law and/or Disability Discrimination/Justification and/or Attridge Law & anor v Coleman EAT 2007 and/or Equality Act 2010/associative and perceived discrimination .


    FINISH>
    updated May2010