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

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“[A]ll employers - in the public and private sector - would do well to revisit their policies and procedures in light of this decision. Particular attention should be given to ensuring that equal opportunity, anti-harassment, anti-discrimination, and absence policies comply, and that they have a clear understanding of who may be affected by this change in the law... Employers should also consider how their flexible working policies will be implemented.” ¹

- Ed Williams, a barrister specialising in employment and discrimination law with the London chambers, Cloisters, in 2008.

“It just didn't seem fair that colleagues who didn't have disabled children were given much more flexibility.”²

- Sharon Coleman, Carers UK, regarding her stint at Attridge Law firm, the company she sued for allegedly discriminating against her because she had a disabled child, in 2008.

“I'm a father of a badly disabled son and I find the accusations particularly offensive. It's a test case and I can understand that it is an important policy decision. I actually have quite a lot of sympathy with the policy (issue), but I do not have any sympathy with her allegations. If they were going to choose a test case, I wish they had chosen one with more substance.”³

- Stephen Law, Attridge Law Firm, one of the defendents in the lawsuit, in 2007.

Introduction

In July 2008, Sharon Coleman (Coleman), a former legal secretary, won a legal battle in the European Court of Justice4 (ECJ) against her employers Attridge Law (now called EBR Attridge LLP), whom she accused of discriminating against her at the workplace and of having forced her into accepting voluntary redundancy. At the time of accepting voluntary redundancy, Coleman had a 4-year-old son who was disabled. He was born with a medical condition that led to his having difficulties in breathing and hearing. According to Coleman, she was treated differently at work from other employees, who had “normal” children.

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1] Ed Williams, “Indirect Disability Discrimination Ruling Has Major Implications for HR,” www.personneltoday.com, July 25, 2008.
2] “Sharon Coleman Tells Us Her Story of Taking Her Battle to the European Court,” www.carersuk.org, July 22, 2008.
3] Gaby Hinsliff, “Mother's Battle for Carer's Rights,” www.guardian.co.uk, January 21, 2007.
4] The Court of Justice of the European Communities (usually called the European Court of Justice), is the highest court in the European Union (EU). It has the last say on matters of EU law in order to ensure equal application across the various European Union member states. The body was established in 1952 and is based in Luxembourg City.

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