Millions of people juggling a career with caring for a disabled family member are likely to receive greater protection in the workplace after a British secretary won the latest round in a long-running legal battle.
An adviser to Europe’s highest court said today that Sharon Coleman, a former legal secretary who is the primary carer for her disabled son, was entitled to the same rights against direct discrimination at work that disabled people already enjoy.
The European Court of Justice (ECJ) was asked to rule on the case – which concerns the issue of “discrimination by association” - after Ms Coleman sued her former employer for constructive dismissal.
She claims managers at Attridge Law refused to offer her the same flexible working arrangements as other staff and so she was forced to accept voluntary redundancy in order to care for her son, who suffers from a serious respiratory condition.
A South London Employment Tribunal - which has not yet decided whether Ms Coleman’s allegations are justified - sent the case to Europe for clarification over whether a carer could be subject to discrimination because of their connection with a disabled person.
The Advocate-General of the ECJ - whose opinion is not binding but is usually followed - said that European law, which the UK is obliged to follow, “protects people who, although not themselves disabled, suffer direct discrimination and/or harassment [at work] because they are associated with a disabled person.”
Nick Thomas, an employment expert at Jones Day, said that if followed, the opinion would provide carers with "significant new rights".
Rachel Dineley, an employment partner at Beachcroft, said that if adopted, today’s opinion would also cover people harassed or discriminated at work because they are associated with someone from a group protected by discrimination law such as homosexuals or members of a specific race or religion.
“Someone who feels they have been treated less favourably or abused at work because they have a homosexual child or are in a mixed-race relationship will also benefit from this opinion if it is upheld,” Ms Dineley said.
However, lawyers stressed that the case does not change the general status of someone seeking flexible work arrangements to care for a disabled person.
Under UK law, anyone with a child under six or a disabled child under 18 can apply for apply for a flexible work arrangement. Managers are obliged to consider these requests but can legitimately refuse them on business grounds if for instance, it would be impossible to find a replacement.
Ranjit Dhindsa, an employment partner at Reed Smith, system will remain and carers have not won an automatic right to demand a flexible working arrangement.
But they have won the right to protection against discrimination or harassment on the grounds that they are a carer. Any worker, therefore, who can prove they have been treated less favourably because of this, will have a case against their employer, Ms Dhindsa said, where previously they would not have been able to make a claim.
Carers UK, a campaign group, estimates there are 2.5 million carers in work. Imelda Redmond, the group’s chief executive, said today’s legal opinion was “a positive step towards true equality for carers.”
Source: MSN News
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