Discrimination
The Equal Treatment Directive covers direct discrimination or harassment against people associated with a disabled person as well as the disabled themselves, the advocate general says in a new opinion. Miguel Poiares Maduro’s conclusion in Coleman v Attridge Law signifies an added protection for both carers and parents of disabled children, says Rachel Dineley, employment partner at Beachcroft LLP. She says that if the opinion is followed by the European Court of Justice, this will be a landmark case and could give rise to a significant increase in claims of this kind. She says: “Employees with children up to the age of six, or disabled children up to the age of 18, or who are carers of relatives or other adults who live with them, all enjoy the right to request to work flexibly— however, the request may be refused where the employer has legitimate business reasons to do so. “The government plans to extend the right to parents of older children next year and this new development will serve as a sharp reminder to employers to look at such requests dispassionately and fairly, and not allow any prejudice they may have to influence their decision.” Coleman, who worked as a legal secretary for law firm, Attridge law, claims she was treated less favourably than other employees as a result of her disabled child and that this treatment caused the termination of employment. She also says she was not allowed the same flexibility as other employees who had non-disabled children.
