web updater summary
31 January 2008
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emplaw.co.uk employment law web updater summary 31 January 2008 |
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Summary Information : Coleman v Attridge Law - does disability discrimination protection extend to carers? - ECJ Case C303/06 AG's opinion 31.1.08 The London South Employment Tribunal referred to the ECJ the question of whether Council Directive 2000/78/EC prohibits discrimination where an employee is treated less favourably than her colleagues because, although not herself disabled, she is associated with a disabled person. Sharon Coleman, a legal secretary for Attridge Law, is primary carer for her disabled son. She alleged disability discrimination, under the Disability Discrimination Act 1995 and the Directive, because she was treated less favourably than employees with non-disabled children. The Advocate General considers that such direct discrimination is prohibited. "The effect of the Directive is that it is impermissible for an employer to rely on religion, age, disability and sexual orientation in order to treat some employees less well than others...if someone is the object of discrimination because of any one of the characteristics listed in Article 1 then she can avail herself of the protection of the Directive even if she does not posses one of them herself. It is not necessary for someone who is the object of discrimination to have been mistreated on account of ‘her disability’. It is enough if she was mistreated on account of ‘disability’. Thus, one can be a victim of unlawful discrimination on the ground of disability under the Directive without being disabled oneself...The Directive does not come into play only when the claimant is disabled herself but every time there is an instance of less favourable treatment because of disability. Therefore, if Ms Coleman can prove that she was treated less favourably because of her son’s disability she should be able to rely on the Directive." There are three immediate observations worth making. The first is that the AG's opinion takes in several other areas of discrimination beyond disability in so far as they are not already covered by existing laws. The second is that applying the Attorney-General's approach in Britain would involve considerable rethinking, or at least reinterpretation, of the Disability Discrimination Act 1995. And the third is that the AG's opinion is not binding - a decision of the ECJ proper will follow in due course and it is not bound to follow the AG's opinion. See also the FT 31.1.08 article "UK carers set for new workplace rights". |