Potential new disability discrimination claims loom

Now being heard by the European Courts of Justice (ECJ), a landmark employment case could change the law and give new rights for millions of working carers.

Backed by the Disability Right Commission, the case is testing whether not only disabled employees, but employees with disabled spouses and children, are protected by disability discrimination laws at work. Currently, the UK's Disability Discrimination Act (2005) only protects 'a disabled person' but the European directive outlaws discrimination 'on grounds of disability', which could include carers. The ECJ will clarify which is to be followed and their decision may mean changes to UK law.

The case concerns an employee with a disabled son who is claiming constructive dismissal and disability discrimination. The employee claims that she:

• was threatened with not being allowed to return to her job after asking for extra parental leave
• was not allowed the same flexibility as employees with non-disabled children when their children were ill
• was insulted by her employers, as was her child.

The employer is vigorously contesting the allegations and claims the employee exploited the compassion they showed her. However, the key issue in this case for businesses is not which side's claims are correct, but the scope of the law. If the ECJ decides the broader interpretation, to include carers, is correct, knock-on effects may also include changing anti-age discrimination law.

Operative date: Immediate