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Win for disability rights woman | Win for disability rights woman |
(10 minutes later) | |
A British woman has won the initial stages of a landmark legal case at the European Court of Justice which could give new rights to millions of carers. | |
An Advocate-General agreed on Thursday that Sharon Coleman suffered "discrimination by association". | |
She claimed her former London employers Attridge Law described her as "lazy" for wanting time off from her post as a legal secretary to care for her son. | |
A panel of European judges will make a final ruling later this year. | |
Voluntary redundancy | |
Ms Coleman says she was forced to leave her job in March 2005 because she was not allowed as much flexibility in her work as parents of other children. | |
She was already working with the law firm when she gave birth to a disabled son in 2002. | |
He suffers from serious respiratory problems, including apnoeic attacks - an involuntary halt to breathing. | |
As primary carer, Ms Coleman wanted flexible working arrangements, but accepted voluntary redundancy and began a claim for constructive dismissal five months later. | |
Ms Coleman said her manager had commented that her child was always sick, and had accused her of trying to use his condition to get out of work. | Ms Coleman said her manager had commented that her child was always sick, and had accused her of trying to use his condition to get out of work. |
She said she was overjoyed the case - which had been heard by an appeal tribunal - was being heard by the European Court. | She said she was overjoyed the case - which had been heard by an appeal tribunal - was being heard by the European Court. |
When they heard that my son Oliver had a serious illness, they didn't expect me to return to work Sharon Coleman | When they heard that my son Oliver had a serious illness, they didn't expect me to return to work Sharon Coleman |
"I was upset and shocked at the attitude of my former employers. They knew about my son's problems because I took him into the office, but they wouldn't allow me to work flexibly to make it easier to look after him," she said. | "I was upset and shocked at the attitude of my former employers. They knew about my son's problems because I took him into the office, but they wouldn't allow me to work flexibly to make it easier to look after him," she said. |
"Other members of staff were taking time off for hospital appointments or worked from home but my requests were always turned down. | "Other members of staff were taking time off for hospital appointments or worked from home but my requests were always turned down. |
"When they heard that my son Oliver had a serious illness, they didn't expect me to return to work." | "When they heard that my son Oliver had a serious illness, they didn't expect me to return to work." |
In this case the EU's Equal Treatment Directive's interpretation of disability discrimination is much wider than the UK's - in Europe, the person does not have to suffer from the disability themselves but could be the parent or spouse of a disabled person. | |
Carers UK chief executive Imelda Redmond said: "This case has profound implications for the one in five carers who give up work to care and face discrimination at work as a direct consequence of caring." | Carers UK chief executive Imelda Redmond said: "This case has profound implications for the one in five carers who give up work to care and face discrimination at work as a direct consequence of caring." |