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18 July 2008 In the European Court of Justice Ms Coleman supported by the Equality and Human Rights Commission has won the right to bring a case at an employment tribunal based on "discrimination by association". Ms Coleman who worked as a legal secretary in London resigned from the Attridge Law partnership and claimed constructive unfair dismissal. She justified this with allegations against her employer that included an unsupportive and discriminatory attitude with regard to Ms Coleman's needing to care for her disabled child, a comment by a partner that her "fucking child was always fucking sick", and that her requests for time off were treated differently from other colleagues with medical problems. The ruling by the European Court of Justice followed a legal opinion of its advocate general establishing that disability discrimination is illegal not just when directed at disabled people but also when applied to people who care for them. "one way of undermining the dignity and autonomy of people ... is to target not them, but third persons who are closely associated with them....A robust conception of equality entails that these subtler forms of discrimination should also be caught by anti-discrimination legislation." The ECJ stated that: "Where an employer treats an employee who is not himself disabled less favourably than another employee in a comparable situation, and it is established that the less favourable treatment of that employee is based on the disability of his child, whose care is provided primarily by that employee, such treatment is contrary to the prohibition of direct discrimination laid down by the directive." The judgement of the ECJ will need to be interpreted into UK law. The ECJ signalled that this principle should be extended to all carers. If the government interprets the ruling literally then employment protection will only be extended to parents of disabled children. In the absence of legislation it will be open for an employment tribunal to interpret the decision broadly, but if so this may give rise to lengthy appeal(s).
Whether the broad approach will win out remains to be seen.
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The transcript of this case follows:- Coleman v Attridge Law and Steve Law - ECJ - Case C-303/06 (usually found at the Bailli or Employment Appeals websites) | ||
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Some recent employment cases:- Contract was ultra vires but employee still able to pursue unfair dimsissal claim under ERA 96 - Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam [2009] UKEAT 0499_08_2108 Redundancies - ECJ rules that consultations do not need to begin until the parent company decides which subsidiary will be affected - Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy - ECJ [2009] Case C-44/08 ECJ rules holiday entitlement must not be lost through illness - Pereda v Madrid Movilidad SA - ECJ [2009] C-277/08 Costs follow lies (breaching confidentiality in a compromise agreement) - Dunedin Housing Association Ltd v. Donaldson - UKEAT [2009] 0014_09_0807 Pre-contractual negotiations can not be used as evidence for the meaning of a contract - Chartbrook Ltd v Persimmon Homes Ltd & Ors [2009] UKHL 38 Failure to fully exhaust statutory dispute resolution procedures means a claimant is barred from seeking redress in the courts - Booth v Oldham MBC [2009] EWCA Civ 880 Employers can not hide behind 'substantial equivalence' arguments to justify post TUPE contract changes - TAPERE v SOUTH LONDON AND MAUDSLEY NHS TRUST - [2009] UKEAT 0410_08_1908 The EAT rejects the refusing of the sole candidate for a job by citing conflict of interest and health and safety arguments - Amnesty International v Ahmed - [2009] UKEAT 0447_08_1308 Human Rights Legislation Fails To Protect Unions Against TULCRA - Employers must be informed promply of strike ballot results - METROBUS LIMITED v UNITE [2009] EWCA Civ 829 There is a right to legal representation at internal disciplinary hearings under Article 6 of the European Convention on Human Rights - Kulkarni v Milton Keynes Hospital NHS Trust [2009] EWCA Civ 789 |
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