A mother who claimed 'discrimination by association' after being denied time off work to look after her disabled son has had her case upheld by European judges. They ruled that the employer of Sharon Coleman, who had to resign from her job as a legal secretary, had breached EU rules and that discrimination at work on grounds of disability does not just apply directly to disabled people but also extends to those caring for them.
Ms Coleman's case was referred to the European Court by an employment tribunal and was backed by the Equality and Human Rights Commission.
The case will now go back to an employment tribunal to determine whether the Disability Discrimination Act 1995 needs to be amended in line with the ruling. It could mean that employers will have to ensure that any flexible working policies are open to those with caring responsibilities, estimated to be up to one in four people in the workforce.
Ms Coleman, whose son, born in 2002, is deaf and suffers from respiratory problems, said her employers refused to allow her to return to her previous job when she came back from maternity leave, refused to offer working hours flexibility, and made 'abusive and insulting' comments about her and her child.
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.'
