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A Victory For Carers - The Coleman case
Sharon Coleman, a legal secretary and mother of a disabled child, has established a major legal advance for Britain's six million carers.
Judges ruling on her case in the European Court of Justice concluded that treating employees less favourably because of their association with a disabled person was unlawful under a European Union directive.
Sharon, whose son Oliver was born with a rare condition affecting his breathing and is also deaf, brought a case claiming she was forced to resign from her job as a legal secretary after being harassed by her employers and refused flexible working. She believes she was specifically targeted because she has a child with a disability, and was denied the flexible work arrangements offered to colleagues without disabled children.
Sharon's legal victory will help to create new rights for Britain's six million carers, including those looking after older relatives. An employment tribunal must now decide if the UK legislation can be interpreted consistently with the EU directive. If not, the onus is on the Government to make the necessary changes to UK legislation.
Her case, funded by the Equalities and Human Rights Commission, jointly acting with solicitors Bates Wells & Braithwaite London LLP, was referred to the European Court of Justice by an employment tribunal in order to determine if 'disability discrimination by association' is unlawful. Her case will now go back to the tribunal for a hearing later this year.
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