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Win for disability rights woman | Win for disability rights woman |
(21 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. | 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. |
The Advocate-General agreed 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. | 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. | A panel of European judges will make a final ruling later this year. |
Voluntary redundancy | 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. | 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. |
If her case is upheld by the full court, the verdict would effectively give new rights to millions of carers. | |
Making the ruling this week Poiares Maduro, a senior European lawyer, said that directly targeting a person with a particular characteristic was not the only way of discriminating against him or her. | |
A robust conception of equality entails that these subtler forms of discrimination should also be caught by anti-discrimination legislation Advocate-General, Poiares Maduro | |
He said: "One way of undermining the dignity and autonomy of people... is to target not them, but third persons who are closely associated with them. | |
"A robust conception of equality entails that these subtler forms of discrimination should also be caught by anti-discrimination legislation." | |
Ms Coleman 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. | He suffers from serious respiratory problems, including apnoeic attacks - an involuntary halt to breathing. |
Huge implications | |
As primary carer, Ms Coleman wanted flexible working arrangements, but accepted voluntary redundancy and began a claim for constructive dismissal five months later. | 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: "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. | |
"Other members of staff were taking time off for hospital appointments or worked from home but my requests were always turned down." | |
A spokeswoman for the Equality and Human Rights Commission said: "We are delighted for Sharon. This case will have huge implications for Britain's six million carers." | |