ECJ rules of disability 'discrimination by association'

Posted on 18 July 2008

The European Court of Justice (ECJ) has upheld the right of a woman to work flexibly in order to look after her disabled son.

Six million carers in the UK could potentially benefit from the ability to work non-standard hours following a ruling in favour of former Attridge Law employee Sharon Coleman.

Refused permission to work flexibly in order to care for four-year-old son Oliver, she claimed discrimination caused her to leave the firm.

An employment tribunal referred the case to the ECJ to decide whether EU disability discrimination laws could be applied to those in Ms Coleman situation - where although not disabled themselves, an individual is closely associated with a disabled person.

Now, by ruling in her favour, the court has paved the way for 'discrimination by association' claims to be made in England and Wales under the Disability Discrimination Act.

The impact upon the UK workforce is that more employees may now become entitled to flexible working options.

Government proposals last month outlined an intention to extend flexible working options to all parents with children aged up to 16 years old.

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