Opinion in Coleman Case Welcomed

ACM has welcomed the opnion of the Advocate General of the European Court of Justice on the Coleman Attridge case. Sharon Coleman had claimed under the Disability Discrimination Act that her employer had treated her less favourably than others because she had a disabled child.

The issue at stake was whether disability discrimination law protects people who, although not themselves disabled, face discrimination because of their association with a disabled person. The Employment Tribunal had asked the European Court for a decision on whether such discrimination is covered by European law. The Advocate General’s opinion is absolutely clear that it does, and also that this would extend to all areas covered by anti-discrimination law.

David Green, ACM Head of Employment Relations said, “This is an important decision which will be welcomed by many ACM members in a similar position to Sharon. Despite colleges having policies on promoting equality, we’ve seen members with caring responsibilities lose their jobs because of their college’s failure to make reasonable adjustments.”

The TUC was also supportive. General Secretary Brendan Barber said, “The Advocate General has given a welcome opinion in this important case. Workers with caring responsibilities should be protected from discrimination and harassment in the workplace.

‘Although most sensible employers now realise the benefits that come from being flexible and helping staff balance their lives, there are many bosses still living in the last century, who need to be persuaded to do much, much more to help their employees have less stressful lives and not to make life even more difficult for those already shouldering caring responsibilities.”

More information on the Advocate general’s decision can be found here.