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| Version 9 | Version 10 |
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| Win for disability rights woman | Win for disability rights woman |
| (40 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". | The Advocate-General agreed that Sharon Coleman suffered "discrimination by association". |
| The legal secretary claimed her former London employers Attridge Law described her as "lazy" for wanting time off to care for her disabled son. | The legal secretary claimed her former London employers Attridge Law described her as "lazy" for wanting time off to care for her disabled 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. | 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 in his opinion a European law establishing equal treatment at work was relevant to those "closely associated with a disabled person". | |
| He 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 | 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. | 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." | "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. | 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 | 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. | 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." | "Other members of staff were taking time off for hospital appointments or worked from home but my requests were always turned down." |
| True equality class="lp" href="http://news.bbc.co.uk/1/hi/talking_point/default.stm">HAVE YOUR SAYTo wish to continue to work and look after a disabled family member is commendableMaximus, UK class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=4192">Send us your comments | |
| An employment tribunal hearing the case decided to refer it to the European Court for a ruling on whether EU discrimination laws covering the disabled can also apply to people not themselves disabled, but closely associated with a disabled person. | |
| Imelda Redmond, chief executive of campaign group Carers UK, said the ruling represented a "positive step towards true equality for carers". | |
| She said that of the 2.5m carers currently in the UK, one in five would give up work in order to carry out their role as carer. | |
| Ms Redmond said: "Every employer will have to look at their recruitment and employment practices and make sure they are not discriminating against carers." | |
| The group wants the government's new national carers strategy to recommend including carers in new equalities legislation, which will be introduced next year. |