EU judge backs flexible working claim mother

[TrueBlueTerrier]

http://www.guardian.co.uk/society/2008/ ... .childcare

A British legal secretary who claims her bosses refused to let her work flexible hours to care for her disabled son today won the first step of a landmark European court case.

Sharon Coleman said her employers described her as "lazy" when she asked for time off to look after her son, and that abusive and insulting comments were made about her and her child.

Coleman was working as a legal secretary at Attridge Law when she gave birth to her son in 2002. He is prone to apnoeic attacks, which means he stops breathing.

Coleman complained that her employers would not let her work flexible hours to care for her son, although other employees had special arrangements.

She took voluntary redundancy in March 2005, and five months later started proceedings to claim for constructive dismissal.

Today, an advocate-general at the European Court of Justice said Coleman had suffered from "discrimination by association".

The initial opinion is likely to set the tone for the ruling by a full panel of European judges later this year. In about 80% of cases, the full court agrees with the advocate-general's judgments.

The advocate-general, Poiares Maduro, said EU law guaranteeing equal treatment at work for disabled people extended to those associated with the disabled.

"[It] protects people who, although not themselves disabled, suffer direct discrimination and/or harassment in the field of employment and occupation because they are associated with a disabled person," he said.

Imelda Redmond, the chief executive of the campaign group Carers UK, said: "This is a positive step towards true equality for carers. Too many carers face discrimination at work, yet they are the bedrock of our communities and society.

"This landmark legal opinion means that employers will have to alter the way they treat carers in their workforce. 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."