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11 January 2007
Issue: 7255 / Categories: Legal News , EU , Discrimination , Employment
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ECJ to rule on equal treatment for carers

News

A mother who cares for her disabled son has won the right to bring an unfair treatment claim against her employer to the European Court of Justice (ECJ).

The Disability Rights Commission (DRC), which backed Sharon Coleman, says her case concerns the interpretation of the EU’s Equal Treatment Framework Directive and its impact on UK disability discrimination legislation.

Although she is not disabled, Coleman claims the Directive protects her from unfair treatment stemming from her association with her disabled son.
Coleman, a legal secretary, says she was subjected to unfair treatment by her employers before she resigned in March 2005. In particular, she claims she was criticised and described as ‘lazy’ when she wanted to take time off to care for her child, and was not allowed to work flexibly, unlike mothers of non-disabled children working for the same employer.

Her former employer argued that UK discrimination legislation did include protection from ‘associative discrimination’ and questioned the
authority of the chairman of the original tribunal to refer the issue to the ECJ.
However, Judge Peter Clark, sitting alone at the Employment Appeal Tribunal (EAT), held that an employment tribunal does have the power to make such a reference. He also agreed with the chairman that the Disability Discrimination Act 1995 “is capable of interpretation, consistent with an interpretation of the Directive…to include associative discrimination”.

Agnes Fletcher, DRC assistant director of communications, says: “This case could have a major impact on the employment prospects of the six million people who provide unpaid care.”
 

Issue: 7255 / Categories: Legal News , EU , Discrimination , Employment
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

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Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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