A British woman has won the initial stages of a landmark legal case at the European Court of Justice that could give new rights to millions of carers.
The Advocate-General agreed that Sharon Coleman suffered “discrimination by association” after she claimed she was discriminated and harassed by her employers because she had a disabled son.
Coleman claimed that London law firm Attridge Law treated her less favourably than it did parents of non-disabled children. She said she was accused of being “lazy” when she needed to take time off to care for her child and threatened with disciplinary action.
Coleman told the court she resigned from her job in March 2005 because she was not allowed as much flexibility in her work as parents of other children.
A panel of European judges will make a final ruling later this year.
Imelda Redmond, chief executive of Carers UK, said the judgment was “a positive step towards true equality for carers”.
“Too many carers face discrimination at work, yet they are the bedrock of our communities and society,” she added.
Nick Thomas, associate in the employment team at global law firm Jones Day, said that the advocate general’s opinion could have significant ramifications for discrimination law in the UK.
“If the ECJ does follow this opinion, it will effectively provide carers of those with disabilities with significant new rights and have a substantial impact on the way in which employers will be required to manage employees who fall into this category.”
A spokesperson from the solicitors Bates Wells and Braithwaite said the final ruling on the case would provide clarity for employers in respect of discrimination by association and eliminate any inconsistencies in the law.
“Employers who currently adopt best practice will already be familiar with the challenge of balancing work with employees’ responsibilities to care for disabled children and elderly relatives,” the spokesperson added.