European Court win could extend new rights to millions of carers
31 January 2008
A significant point of legal principle has been upheld today as Sharon Coleman has won the initial stages of a landmark legal case at the European Court of Justice which could give new rights to millions of carers.
Ms Coleman says she was forced to leave her job in March 2005 as her employers would not allow her as much flexibility in her work as parents of other children. She was already working with a London Law Firm when she gave birth to her son in 2002. He suffers from serious respiratory problems, including apnoeic attacks.
As the primary carer to her son Ms Coleman wanted flexible working arrangements but accepted voluntary redundancy and five months later began a claim for constructive dismissal.
An employment tribunal hearing the case decided to refer it to The European Court of Justice for a ruling on whether EU discrimination laws which apply to the disabled can also cover those closely associated with a disabled person even though not themselves disabled.
A panel of European judges will make a final ruling later this year.
Liam Kenealy of Ashton Morton Slack commented "If upheld this is going to affect a great deal of people. Any employee who is also a carer for a family member will be entitled to a more flexible approach from their employers when it comes to time off or flexible working.
But it will also affect any company who employs someone who has to care for someone as well as work. They are going to have to adopt a more sympathetic approach to their employee's needs. It may also become a factor when it comes to actually employing someone.
If a company has the choice between an individual who cares for someone at home and an individual who does not and they choose the individual who does not purely for that reason then this will be discrimination and would give rise to a claim.
This decision will benefit the 6 million or so carers in Britain but adds to the complexities employers face when it comes to employment law."