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07 February 2008
Issue: 7307 / Categories: Legal News , Discrimination , Disciplinary&grievance procedures , Employment
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Disability laws cover carers

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.

MOVERS & SHAKERS

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

Global firm re-elects CEO for second term

Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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