It may be wise to revisit your discrimination policy amid signs that the European Court of Justice (ECJ) will rule that someone caring for a disabled person has rights under discrimination legislation.

The advocate general (a legal officer who advises judges in the ECJ) has offered his opinion in the case of Coleman v Attridge Law and Law that, under European Law, an individual can be discriminated against ‘on the grounds of disability’ even if they are not themselves disabled.

The case

Mrs Coleman was a legal secretary with the London law firm who claims that she was forced to leave her job after requesting flexible working arrangements so that she could look after her disabled son. She alleges that, after turning down the request, her employer treated her less favourably than other employees with non-disabled children, causing her to leave.

Coleman bought a claim for constructive dismissal and disability discrimination, stating that the European Equal Treatment Framework Directive extends to someone who is discriminated against because they are associated with someone else who is disabled. The directive has been incorporated into UK law.

The Employment Tribunal referred the case to the ECJ, where the advocate general has suggested that Coleman’s interpretation of the law is correct. The advocate general’s opinion is generally followed by the court, and their decision is expected later this year.

What you can do

In the meantime, employers should carefully consider all requests for flexible working and take advice if their decision could be challenged on grounds that the applicant is associated with a disabled person. It is also expected that the ECJ ruling will have implications for other forms of discrimination.

• Read our discrimination briefing for advice on putting together a discrimination policy.