Disability laws can cover able-bodied employers, following a landmark tribunal ruling.
The European Court of Justice has decided that “associative” discrimination is unlawful.
In Coleman v Attridge Law, Sharon Coleman, a legal secretary with a five-year-old disabled son, alleged that she was subjected to direct discrimination and harassment, and felt forced to volunteer for redundancy.
Coleman claimed she was not allowed to return to the same role after maternity leave, was not allowed the same level of flexibility as other employees with childcare commitments and that abusive comments were made.
The UK’s disability legislation is currently drafted so that it looks like it only covers the employee’s own disability and not someone else’s. But the ECJ decided that such discrimination is covered by the European Equal Treatment Framework Directive, with which the UK’s disability laws must comply.
The tribunal will now need to decide whether the UK law will be interpreted to give effect to this. If this can’t be done, then the government will have to change the law.
The ECJ also decided that such "associative" discrimination extends to association with disabled or elderly people, or with people in other “protected” categories. This protection will dramatically strengthen the rights of carers who at present only have the right to request (not the right to be granted) flexible working.
Lisa Mayhew, employment partner at law firm Jones Day, said: “This is an extremely significant decision, which has potential ramifications not only for disabled workers, but also employees covered by other discrimination legislation, such as sexual orientation, religion and age.
“For example, if an employee was married to a much older partner and was subjected to jibes about this, then they should be protected under the age discrimination legislation.”
Tagging: Employment law – Tribunals