Discrimination by Association

A recent ruling by the European Court of Justice paves the way for extending carers’ rights in the UK.

The case of Coleman v Attridge Law concerns a legal secretary, Ms Coleman who has a disabled son with a condition requiring specialised care. She was his primary carer.With just over four years’ service, she accepted voluntary redundancy, which terminated her employment. She then made an employment
tribunal claim for constructive dismissal and disability discrimination. She claimed that she had been treated less favourably than other employees who were parents of non-disabled children and that the treatment had caused her to stop working for her employer. The circumstances pleaded are extreme and include allegations that she was not allowed the same flexibility regarding working hours as those of her colleagues who are parents of non-disabled children and that she was described as ‘lazy’ when she requested time off to care for her child, whereas parents of non-disabled children were allowed time off.

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