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posted 11 Mar 2008

CARER SUCCESS AT THE ECJ

A CARER has won the initial stages of a case at the European Court of Justice that could give new rights to millions of carers. The Advocate-General agreed that Sharon Coleman, suffered “discrimination by association”. She had claimed that she was discriminated against and harassed because she had a disabled son.
Ms Coleman was already working at a law firm when she gave birth to a disabled son, who suffers from serious respiratory problems, in 2002. As primary carer, she wanted flexible working arrangements, but was refused and amongst other things, was accused of being “lazy” when she needed to take time off to care for her child and threatened with disciplinary action. She accepted voluntary redundancy and began a claim for constructive dismissal five months later.
The opinion is being heralded as a positive step towards equality for the 2.5 million carers who are currently in work. “Every employer will have to look at their recruitment and employment practices and make sure they are not discriminating against carers. At a time when we have a shortage of skilled workers, this makes good business sense,” says Imelda Redmond, Chief Executive at Carers UK.
A panel of European judges will make a final ruling later this year. Prime Minister Gordon Brown is also set to publish his National Carers Strategy later this year.

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