A mother claimed in court that her employer had no right to call her lazy when she asked for time off to care for her disabled son, or to make other insulting comments about the two of them. Nor, she claimed, was the employer right in accusing her of attempting to manipulate her working conditions.
She argued that she had suffered discrimination by association with her son’s disability.
The European Court of Justice decided that anti-discrimination law would be undermined if someone in the mother’s position could not claim direct discrimination. Even though she is not herself disabled, “the fact remains that it is the disability which…is the ground for less favourable treatment,” ruled the court.
It also said that harassment was a form of discrimination and the legal protection from harassment was not limited to people who are themselves disabled.
The court ruled that European equal-treatment law applies to particular grounds for discrimination and not to particular types of people – such as those who are themselves disabled.
The court did accept, though, that parts of the law – such as those designed to make it easier for disabled people to integrate into the working environment – apply only to the disabled. The legislation would be meaningless if they did not.
As a result, employers do not have to change working hours or the workplace to accommodate the needs of employees who care for disabled people, as they do for people who are themselves disabled.
Pearson Hinchliffe Commercial Law can help you with employment legislation. Click here to speak to a specialist employment lawyer.
Templeton Insurance v Motorcare Warranties: High Court held director of an insurance company in contempt of court for breaching a freezing order imposed against the company.
MoreAfter a 5-decade long career, head of Corporate Commercial department retires.
MoreSunday trading restrictions during the Olympic and Paralympic Games to be suspended.
MoreThe national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.
MoreThe national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.
MoreA recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
Download the guidance covering arrangements for holidays and holiday pay.
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.
A live selection of current assignments offered by Pearson Hinchliffe Commercial Law or those of our professional partner organisation,
