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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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