A woman who claimed she was discriminated against at work because of her son's disability yesterday won a landmark case which effectively gives new rights to millions of carers.
A woman who claimed she was discriminated against at work because of her son's disability yesterday won a landmark case which effectively gives new rights to millions of carers.
Unpaid carer Sharon Coleman believed that she had suffered "discrimination by association" because her employer London law firm Attridge Law treated her less favourably than employees whose children weren't disabled.
The working mother said she was forced to quit after she was refused permission to return to the same job after maternity leave, accused of being "lazy" when she needed to take time off to care for her child and threatened with disciplinary action.
Yesterday the European Court of Justice in Luxembourg agreed with her that EU rules had been breached.
The historic ruling stated that an EU Directive banning employment discrimination on grounds of disability covers carers of disabled people as well as disabled people themselves.
The verdict means extra legal protection for working carers across Europe who struggle to combine their jobs with looking after disabled children.
In Scotland an estimated 250,000 people hold down jobs while caring for sons, daughters, parents, partners or other family members.
Speaking after winning her case, Ms Coleman said: "All I was ever asking for was an equal playing field with the same flexibility afforded to my colleagues without disabled children.
"This has been a long, hard battle and it is not over yet, but I am thrilled that the European Court has ruled in my favour. This decision will mean so much to so many people."
Scottish campaigners welcomed the news but called for more action to ensure that the protection is widened to cover all carers, not just those with disabled children.
Patrick Begley, director of Carers Scotland, said: "This is an historic step towards true equality for unpaid carers. Too many carers face discrimination at work, yet they are the bedrock of our communities and society.
"Although this ruling appears to apply only to parents of disabled children, we will be urging the government to ensure that all people providing unpaid care to others, for example a spouse, parent, other family member or friend, benefit from this provision.
"Changes will require to be made to UK law and the UK Government should take a proactive approach to include all carers, rather than awaiting further cases to be taken through the courts, which causes huge stress and expense to unpaid carers."
He added: "Carers of both adults and disabled children have the right to request flexible working, but this new ruling will give them greater protection."
Maggie Dickson, a solicitor at Glasgow firm Just Employment Law specialising in disability discrimination issues, said the ruling gave carers in Scotland "another line of protection" under European laws.
She said: "Where an employee feels that they have been less favourably treated because of their requirement to care for a disabled child they will have a direct claim to the employment tribunal, even though they are not a disabled person, under disability legislation."
An Employment Tribunal hearing Ms Coleman's case referred it to the European Court for a ruling on whether EU discrimination laws covering the disabled could also apply to people who are not disabled, but are closely associated with a disabled person. The Equality and Human Rights Commission's legal director, John Wadham, said yesterday: "This is a very significant case, which has led to new rights for Britain's millions of carers, 60% of whom are women.
"In this day and age people increasingly have to balance caring responsibilities with work and it is vitally important that they are able to do so without being discriminated against or even forced out of the workforce."
