A Recruitment Business 01342 710 630

The ECJ has, reached a decision in Coleman vs. Attridge Law, in answer to questions posed of it by London South Employment Tribunal. The ECJ has confirmed that the EU Equal Treatment Framework Directive is intended to prohibit associative discrimination in the context of discrimination and harassment.

Ms Coleman alleged she was directly discriminated against and harassed by her former employers on the grounds of the disability of her son, for whom she is the primary carer. The ECJ held the view that such discrimination is covered by the European legislation. This could lead to an amendment of the UK Disability Discrimination Act to protect against such secondary discrimination.

What is also important is that other discrimination legislation e.g. Sex, Sexual Orientation, could also be interpreted as protecting from secondary discrimination. Interestingly, the Race Relations Act already protects against secondary discrimination e.g. a white nightclub doorman is dismissed, and thus discriminated against on secondary grounds, for refusing to follow his employers policy of denying access to the nightclub to ethnic minorities.

The implications, particularly in respect of the disability issue, could be wide reaching.