EC decision affects UK carers
Mon 4 Feb 2008
A case currently heard by the European Court of Justice (ECJ) has serious implications for UK employers. An advocate-general at the court confirmed that claimant Sharon Coleman suffered discrimination by association as a carer. If the ECJ were to approve this view then millions of people forced to leave work to act as carers, if they were treated differently from other employees, could claim compensation. Nick Thomas, senior associate at law firm Jones Day, told Personnel Today that companies need to check their harassment and discrimination policies. "Instead of liability being limited to failing to comply with a request for flexible working, employers could face discrimination claims with uncapped damages," he said. Many employers support flexible working practices and some are even happy to give employees extended periods in which they can take 'gap-years'. The UK has strong anti-discrimination laws, which protect employees from racial, physical and sexual harassment.
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