Lawson-West recommend employers review their flexible working policies after a recent Employment Tribunal ruling that has implications for employers who employ staff who are also carers for disabled relatives. Parents of disabled children (up to the age of 18) can make flexible working requests either by requesting to change their hours of work, change the times they work or request to work from home.
Sharon Coleman, a legal secretary, complained that she was accused of being “lazy” and her son “always sick” by colleagues when she look time off to care for her disabled son. She also complained she received less favourable treatment because of her son’s disabilities and that other colleagues were allowed time off to care for children who were not disabled.
The European Court found that she had suffered discrimination by association. The Employment Tribunal agreed with the European Court finding, ruling that anti-discrimination law is not restricted to people with disabilities and rejecting the argument by Sharon Coleman’s employers that allowing carers protection under the law would distort its meaning.
As a result, employees who combine work with caring for disabled relatives will be entitled to the same treatment as other employees. For employers this means that refusing requests for flexible working must be for justifiable business reasons and employees have more leverage to challenge refusals.
If you would like more information about flexible working or a review of your policies to check they comply with the law, please contact Ashley Hunt on 0116 212 1000 now or complete one of the on-line forms.
