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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.
An Advocate-General agreed on Thursday that Sharon Coleman suffered "discrimination by association". 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 redundancyVoluntary 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.
She was already working with the law firm when she gave birth to a disabled son in 2002. 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 she was overjoyed the case - which had been heard by an appeal tribunal - was being heard by the European Court. 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.
When they heard that my son Oliver had a serious illness, they didn't expect me to return to work Sharon Coleman "Other members of staff were taking time off for hospital appointments or worked from home but my requests were always turned down."
"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. 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."
"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."
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."