The EU Equal Treatment Framework Directive covers all aspects of employment and aims to ensure equal treatment of individuals, regardless of their religion or belief, disability, age or sexual orientation. As regards disability, the Disability Discrimination Act 1995 (DDA) was amended to implement the Directive in the UK.
A recent case (Attridge Law v Coleman), concerning the interpretation of the Directive and its impact on disability discrimination legislation in the UK, has seen the mother of a disabled child given the go-ahead to take her employment case to the European Court of Justice (ECJ).
Sharon Coleman brought a claim of disability discrimination and constructive dismissal against her ex-employer on the grounds that she had been discriminated against because of her son's disability. Amongst her claims of unfair treatment were that she was not permitted to work from home, even though other employees were allowed to do so to care for non-disabled children, and that she was placed in a pool of staff selected for redundancy after she said that she intended to make a formal request for flexible working in order to care for her son. Ms Coleman claimed that her employer's actions had created a hostile environment which forced her to resign.
Section 3A(5) of the DDA is worded such that a person who is not herself disabled but who is discriminated against because of another person's disability cannot bring a claim. It would not appear, therefore, to protect someone caring for a disabled person. Ms Coleman argued that the Equal Treatment Framework Directive does give protection from unfair treatment which arises out of association with a disabled person.
The Employment Tribunal decided to refer this matter to the ECJ in order to establish a ruling on whether the UK law properly implements the Directive. The Employment Appeal Tribunal subsequently dismissed an appeal by the employer that it was wrong in law for the ET to refer a question to the ECJ. The case is expected to be heard later this year.
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