Employers warned as landmark ruling extends rights to carers

Published: 21st July 2008

A leading North West law firm is warning employers to carefully consider employment practices which involve employees who act as carers, following a landmark ruling by the European Court of Justice.

The ruling, in the case of Sharon Coleman, declared that an EU Directive banning employment discrimination on grounds of disability is not limited to people with disabilities themselves, but covers their carers as well. Mrs Coleman claimed she was forced to resign from her job because of her employers remarks about her disabled son and response to her occasional lateness because of his care needs (see notes to editors). She said she suffered "discrimination by association" and this should be covered by the Directive - and the European Court of Justice in Luxembourg agreed.

Mace & Jones employment law partner Phil Allen said the verdict effectively gives new rights to many of the UK's estimated six million carers.

"This decision significantly extends the number of employees covered by the Disability Discrimination Act and it is now likely to be followed by UK tribunals," he said. "It means that, if for example, an employee is ridiculed because of their disabled child, parent with cancer, or partner who is HIV positive, that will be disability discrimination. If a new employee is dismissed because their employer finds out their child has leukaemia and is concerned about the time they might need off in the future, that's discrimination."

Mr Allen urged employers to examine their practices carefully to ensure they do not directly discriminate against those who are caring for those with disabilities, including their children or elderly relatives.

"The decision does not necessarily go as far as may have been feared," he said. "To avoid disability discrimination, employers are under a positive duty to go the extra mile for those with disabilities, including adapting premises, changing working arrangements and providing additional training. However, the new extended carer rights will not go this far. The obligation is to treat those who care for people with disabilities no less favourably than others. This is less onerous than the obligation to positively make adjustments as is the case for employees with disabilities."

Employers wanting further advice on disability discrimination law or any form of employment law can contact phil.allen@maceandjones.co.uk or call any member of the Mace & Jones employment law teams in Manchester: 0161 214 0500 Liverpool: 0151 236 8989 Knutsford: 01565 634234.

Print Page Email to a friend