Landmark decision in disability discrimination law
01 Aug 2008
Until the case of Coleman v Attridge Law, the Disability Discrimination Act 1995 (DDA) was interpreted as only protecting disabled individuals. But in a landmark decision, the European Court of Justice (ECJ) has now ruled the DDA should include an able-bodied primary carer of someone who is disabled.
The case opens the door to employees bringing claims by carers on the basis of association with someone who is disabled. Until now, carers may have been entitled to limited time off to deal with emergencies or may have asked for flexible working hours, which will have offered limited assistance or protection to an employee.
As a result of this case, if an employee is also a carer and experiences difficulties in managing their work and their responsibilities as a carer, an employer will need to ensure the employee is not treated less favourably because they care for a disabled person.
Employers must not discipline an employee for poor timekeeping or missed deadlines. They must review their equal opportunities policies, flexible working and other family friendly policies to ensure that requests from carers are given proper consideration.






