Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEquality, diversity and inclusionCase lawDisability

Case round up: Associative discrimination: Coleman v Attridge

by Personnel Today 1 Dec 2008
by Personnel Today 1 Dec 2008

The European Court of Justice (ECJ) has held that the European Equal Treatment Directive (EET Directive) does cover direct discrimination and harassment against an employee on the grounds of their association with a disabled person.

Associative discrimination

Ms Coleman was a legal secretary and primary carer for her disabled son. On her return from maternity leave she had not been allowed to return to her previous role and had less flexibility in terms of her working hours. Also, she alleged that she had suffered from abusive and insulting comments about both her and her son. All of the allegations were based on her association with her son.

The wording of the Disability Discrimination Act 1995 (DDA) prohibits discrimination “for a reason which relates to the disabled person’s disability”. This link to individual characteristics is different to other discrimination legislation that prohibits discrimination “on the grounds of” the impermissible reason.

The DDA should comply with the EET Directive but Coleman argued that on a literal interpretation there was a conflict between the DDA and the EET Directive, which should be resolved in her favour.

The ECJ agreed and decided that the EET Directive was not just limited to the protection of people who themselves had a disability. All forms of discrimination were protected and a purposive approach should be adopted.

The ECJ referred to the Community Charter of the Fundamental Social Rights of Workers which highlighted “the need to take appropriate action for the social and economic integration of disabled people”. Clearly, the ECJ was of the opinion that associative discrimination could prevent such integration.

Wider interpretation

In light of this ruling it is clear that the DDA should now be construed in a wider sense. Interestingly, this European ruling comes at the same time as the decision of the House of Lords which provided a narrow interpretation of section 3A(1) of the DDA (see London Borough of Lewisham v Malcolm, page 7).

The Coleman case was referred to the ECJ by the Employment Tribunal, on the basis of the above presumed facts. Now that the ECJ has given guidance on this issue, the case will proceed to a substantive hearing and Coleman’s claims of constructive dismissal and disability discrimination will be determined in the usual way, unless the tribunal considers it cannot interpret the DDA in such a way without further legislative changes.

Carers benefit

This case will not just benefit Coleman. The government estimates that 2.6 million employees carry out the role of an unpaid carer along with their job. If they are subjected to detriment on the basis of their association, then they will be protected under UK law.

Key points



  • Able-bodied people will be protected by the Disability Discrimination Act if they are discriminated against on the grounds of their association with a disabled person (‘associative discrimination’).
  • Associative discrimination will also be unlawful in relation to sexual orientation, age, religion and belief, on the basis that the EET Directive covers these areas of discrimination as well as disability.
  • Any UK discrimination law that cannot be interpreted in a manner consistent with the Coleman decision may be open to challenge or a public sector employee may seek to directly rely upon the EET Directive itself.

What you should do



  • Employers should review any equality policies to check they cover associative discrimination.
  • Employers may have to consider requests for flexible working under the reasonable adjustments provisions of the DDA if the request is made by a carer of a disabled person.

Avatar
Personnel Today

previous post
Last in, first out on its last legs: legal opinion
next post
Business big wigs heap praise on motivational role of HR in tough times

You may also like

Ethnic diversity: report highlights disparities in school leadership

18 May 2022

Number of working people with disability up 1.3...

17 May 2022

Gender equality facing growing backlash from male managers

16 May 2022

Lack of flexibility pushes half of women to...

16 May 2022

Ethnicity pay gaps: Not making reporting mandatory is...

16 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

How to build a compelling talent attraction strategy...

12 May 2022

Women in finance: Aviva CEO slams sexist comments...

11 May 2022

EHRC: Not all long Covid cases amount to...

10 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+