The Employment Tribunal announced on 12 November 2009 that it will read UK law consistently with European law to give protection to Sharon Coleman (and others in similar circumstances) with immediate effect and retrospectively to 1st October 2004, the date on which the amended Disability Discrimination Act came into force.
The Advocate General handed down his opinion on 31 January 2008, in the important case of Coleman v Attridge Law, in which Lucy McLynn has represented Sharon Coleman throughout the English and European court procedures. Lucy McLynn can be contacted for further information at Bates Wells & Braithwaite on 020 7551 7777.
The ECJ's judgment was delivered on 17th July and followed the opinion of the Advocate General.
The Advocate General stated that direct discrimination and/or harassment by association is prohibited by the Directive. This fact does not change when the employee who is the object of discrimination is not disabled herself. The full court agreed with this position.
Further information:
• BACKGROUND INFORMATION: For background information on the case please view Sharon Coleman v Attridge Law & Stephen Law
• PRESS RELEASE: BWB's press release on the Employment Tribunal's decision can be viewed by clicking Coleman Press Release
• EMPLOYMENT TRIBUNAL'S JUDGMENT: The Employment Tribunal's judgement on the pre-hearing review can be viewed by clicking Employment Tribunal's Judgement
• ECJ JUDGEMENT: The judgement itself can be viewed by clicking ECJ (European Court of Justice) Judgement
• PRESS COVERAGE: For press coverage please view Press Coverage
• BWB EFLASH: For BWB E-flash on the ECJ Judgment
• EHRC/BWB PRESS RELEASE: Please click here for the EHRC (Equality and Human Rights Commission) and Bates Wells & Braithwaite joint press release