‘Scrutinise carer practices’, employers warned

21/07/2008

Employers must scrutinise their HR practices to ensure they are not discriminating against workers who are caring for a sick or disabled relative, a law firm has warned.

Mace & Jones issued the warning after a landmark case in the European Court of Justice found a woman had been discriminated against ‘by association’ when her employers made remarks about her disabled son.

The court said Sharon Coleman was subjected to ‘abuse and criticism’ when legal firm Attridge Law accused her of being ‘lazy’ when she asked for time off to care for her son Oliver. The remarks led to her resignation.

Mace & Jones employment law partner, Phil Allen, said the verdict gives new rights to carers.

“This decision extends the number of employees covered by the Disability Discrimination Act and it is now likely to be followed by UK tribunals,” he said.

“It means that, if for example, an employee is ridiculed because of their disabled child, parent with cancer, or partner who is HIV positive, that will be disability discrimination.

“If a new employee is dismissed because their employer finds out their child has leukaemia and is concerned about the time they might need off in the future, that's discrimination.

“To avoid disability discrimination, employers are under a positive duty to go the extra mile for those with disabilities, including adapting premises, changing working arrangements and providing additional training,” he added.

“The obligation is to treat those who care for people with disabilities no less favourably than others. This is less onerous than the obligation to positively make adjustments as is the case for employees with disabilities.”