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Britain’s six million carers won a landmark victory today when the European Court of Justice upheld the right of a woman who was denied time off work to look after her disabled son.
Sharon Coleman, who was forced to resign her work as a legal secretary, claims that she suffered “discrimination by association” in breach of EU rules.
In a ground-breaking ruling the European Court judges held that an EU Directive which outlaws discrimination at work on grounds of disability is not limited to disabled people themselves but extends also to those caring for them.
The ruling also reinforces the previous law that any discrimination at work by association - whether on grounds of religion or belief, age or sexual orientation is also prohibited.
The case, which was backed by the Equality and Human Rights Commission, could see a huge extension in flexible and part-time working.
It will force employers to ensure that any flexible working policies they offer apply across the board and include those with caring responsibilities - an estimated one in four people in the workforce.
Fraser Younson, partner and head of employment practice at Berwin Leighton Paisner, said that the ruling would have "huge consequences" for flexible working requests in the workplace and could "open the floodgates to claims which employers can ill afford during the current period of economic uncertainty".
Employers who allow flexible working to mothers with small children, for instance, would have to grant the same rights to employers who care for an elderly relative.
Ed Williams, a barrister specialising in employment and discrimination law with the London chambers, Cloisters, said that UK employers would now have to examine their recruitment and equal opportunities policies.
“The significance of this ruling cannot be overstated.
“There are literally millions of carers in the UK and the rest of the EU who now have greater protection against discrimination.
“Since the European Directive covers many other areas of discrimination, this ruling clarifies that the protection against associative discrimination ought to apply to the areas of religion or belief, age and sexual orientation as well.
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