Woman wins round in disability case

Thu Jan 31, 2008 4:43pm GMT
 
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By Tim Castle

LONDON (Reuters) - The mother of a disabled son won the latest round in a legal battle on Thursday that could bring new employment rights for millions of carers in Britain.

Sharon Coleman says she was forced to resign as a legal secretary at a London law firm in 2005 after not being given the same flexibility as other staff with non-disabled children

She says she was called "lazy" when she needed to take time off to care for her son and was threatened with disciplinary action.

Her case for constructive dismissal was referred to the European Court of Justice in Luxembourg by the Employment Tribunal in London, which asked for a ruling on the protection offered by equality laws.

The European court was asked whether the existing legal ban on discrimination at work only protects disabled workers, or whether it also covers employees who care for a disabled relative.

On Thursday, the court said its advocate had decided that the protection offered by work discrimination laws did indeed extend to those associated with a disabled person.

The advocate's opinion will now be considered by the court's judges who will deliver their final judgement at a later date.

Coleman told BBC television she was "absolutely ecstatic" at the development.  Continued...

 
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