Landmark test case could benefit millions of British carers


Mike Barnard, 11 January 2007

Millions of Britain's unpaid carers could benefit from an employment case going before the European Court of Justice later this year.



Sharon Coleman, with the support of the Disability Rights Commission (DRC), has won the right for an unfair treatment claim against her employer to be heard in Europe following a decision by the Employment Appeals Tribunal. Ms Coleman, who worked as a legal secretary for London solicitors Attridge Law, claims she was subjected to unfair treatment by her employers. Her claims include being called ‘lazy’ when she wanted to take time off to care for her son and that her manager said she was using her child to manipulate work conditions.



The case involves the interpretation of the EU's equal treatment directive and its impact on UK disability discrimination legislation. The directive covers equal treatment in employment and although Ms Coleman is not disabled, her lawyers contend that the directive protects her from unfair treatment which comes from her association with a disabled person. The European Court of Justice’s decision would be the first time that disability discrimination will be considered as an associated act.



The Equal Opportunities Commission and carers' groups have welcomed the decision to refer the case to the Europe Court of Justice. Agnes Fletcher of the DRC said: "This case could have a major impact on the employment prospects of the six million people who provide unpaid care. Without providing protection from discrimination for carers and without family and employment policies that enable flexible working, many more British families will reach breaking point. The British economy needs those who provide care for disabled people to work, so that they can provide a decent income for their families and made provision for their pensions."

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