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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

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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