17th July 2008
The mother of a disabled child was today (Thursday) celebrating after judges in the European Court of Justice in Luxembourg upheld the earlier opinion of the Advocate General (AG) that treating employees less favourably because of their association with a disabled person was unlawful.
The legal victory in Europe creates new rights for Britain’s six million carers, including those looking after older relatives.
Sharon Coleman, whose son Oliver was born with a rare condition affecting his breathing and was also deaf, brought a case claiming she was forced to resign from her job as a legal secretary after, she claims, being harassed by her employers and refused flexible working, which was allowed to other employees. She believes she was specifically targeted because she has a child with a disability, and was denied the flexible work arrangements offered to her colleagues without disabled children.
Ms Coleman's case, funded by the Equality and Human Rights Commission jointly acting with solicitors Bates Wells & Braithwaite London LLP, was referred to the ECJ by an Employment Tribunal in order to determine if ‘disability discrimination by association’ is unlawful. Her case will now have to go back to the Tribunal for a hearing later this year.
Ms Coleman's victory has ensured that the UK's disability discrimination law provides protection on the grounds of someone's association with, including caring responsibilities, for a person such as a family member with a disability. The ruling will also mean that those caring for elderly relatives are protected under age discrimination legislation.
Sharon Coleman said:
‘All I was ever asking for was an equal playing field with the same flexibility afforded to my colleagues without disabled children. This has been a long, hard battle and it is not over yet, but I am thrilled that the European Court has ruled in my favour. This decision will mean so much to so many people.’
The Commission’s legal director, John Wadham, said:
‘This is a very significant case, which has led to new rights for Britain’s millions of carers, sixty per cent of whom are women. In this day and age people increasingly have to balance caring responsibilities with work and it is vitally important that they are able to do so without being discriminated against or even forced out of the workforce.
The Commission took the view that people in Sharon’s situation should not be left unprotected at work and this decision by the European judges has confirmed that.’
Lucy McLynn, partner at Bates Wells & Braithwaite London LLP, solicitors for Ms Coleman, said:
'We are delighted that the ECJ has confirmed that our interpretation of European law is correct - that carers and those associated with disabled people are protected from discrimination and harassment. It is a great victory for common sense and for legal clarity, as well as for Sharon personally. We will now be looking to the London South Tribunal to read the UK's Disability Discrimination Act in line with this judgment at the next hearing, which we expect to be later this year'.
Coverage of this story in other media
Notes to editors:
Ms Coleman's case is being taken with the support of the Equality and Human Rights Commission and the Bates Wells & Braithwaite solicitors (www.bwbllp.com).
Robin Allen QC (www.cloisters.com) told the ECJ that during Ms Coleman’s employment at Attridge Law Solicitors, she alleges she was subjected to a range of discriminatory experiences. These included the following:
- She was criticised for seeking to take parental leave at the end of her maternity leave, in the circumstances where the parent of a non-disabled child would not have been so criticised.
- On returning from maternity leave she was not allowed to return to her existing job, where the parent of a non-disabled child would be able to return.
- Abusive comments were made to her about her child and she was told that she was using her child to manipulate her work conditions.
- She was criticised and described as 'lazy' when she sought to take time off to care for her child, whereas others were allowed time off for the purposes of childcare for their non-disabled children.
- She was late on occasion, because of problems with care for her child. She was told she would be sacked if she came to work late. No such threat was made in the case of other employees with non-disabled children who were late because of childcare problems.
- Sharon Coleman has requested that all interview bids for her come directly to the Commission’s press office.
Please call the press office on: 02031170251 / 02031170242, out of hours 07767272818.
• A legal briefing is available upon request from the press office.
The Equality and Human Rights Commission
The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of the Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.
The Equality and Human Rights Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
Coverage of this story in other media
On 17 July this story received widespread coverage in the media, including the following:
- The Guardian - Carer brings hope to millions with landmark win on employment rights
- The Times - Relatives of disabled win groundbreaking victory after Sharon Coleman discrimination case
- The Scotsman - Landmark ruling means a better deal for carers
- The Evening Standard - Landmark victory for carer mother
- BBC News online - 'Legal ruling win for care mother'