DISABILITY DISCRIMINATION BY ASSOCIATION
 The recent decision in the case of EBR Attridge Law LLP v Coleman demonstrates the growth of discrimination law and influence of EC law in the field of employment law.
The European Court of Justice held that it was possible, at least in respect of direct and/or harassment, for there to be unlawful disability discrimination by association. That is, a person who is not disabled could bring a claim of disability discrimination on the basis of another’s disability. As such in this case the employee had a European Community law right not to suffer discrimination when she took time off to care for her disabled child.
The Employment Appeal Tribunal (EAT) was asked to consider if this European right could be interpreted in UK law. The EAT concluded that it could be despite the fact that UK domestic law refers expressly to discrimination on the grounds of the persons own disability only. The EAT said that the UK law could be extended even though it was in effect rewriting the domestic law.
This decision may soon be expanded upon with the inception of the Equality Bill. However, it serves as a reminder of the complexities of employment law especially where European Directives have an influence on legal principles to be applied. |
