Following the decision of the European Court of Justice (Coleman v Attridge Law) that the EU Equal Treatment Framework Directive does afford protection to an employee with caring responsibility for a disabled child from discrimination at work on the grounds of her child’s disability, the London South Employment Tribunal (ET) has ruled that it does have jurisdiction to hear Ms Coleman’s claims of discrimination and harassment on the grounds of her son’s disability. In the ET’s view, whilst the wording of the Disability Discrimination Act 1995, which implements the Equal Treatment Framework Directive into UK law, does not make this clear, it should be read as providing protection to a person who is ‘associated with’ a disabled person, not just one who is disabled.
Employers are advised to check their recruitment and equal opportunity policies in the light of this decision. In particular, care should be taken when considering requests for flexible working arrangements made by employees who have primary caring responsibility for a disabled or elderly person.
