Flexibility in the Workplace & Discrimination by Association: Sharon Coleman Vs Attridge Law

She approached the court with her case in August 2005, claiming constructive dismissal and disability discrimination - by virtue of being discriminated against because of association with a disabled person, or in other words, discrimination by association.

Her case was initially heard at a UK Employment Tribunal, which referred the case to the ECJ to see if current European Union (EU) legislation could apply to people caring for a disabled person.

On July 17, 2008, the European Court ruled in her favor.

The decision was expected to pave the way for other carers to make similar claims and experts warned that it would lead to many more such claims being made.

Louise Donaldson, an employment lawyer with law firm Pinsent Masons LLP, said, “A carer of a disabled person may have a much stronger weapon in terms of being able to bring a disability discrimination claim if their request to work flexibly is refused. Although flexible working is an obvious area where associative discrimination comes into play, any less favourable treatment which is shown to be by reason of a person's association with a disabled person will give grounds for a disability discrimination claim.”⁵...