Pictured above: Ginny Hallam, head of employment at law
firm Berryman
A judgement by the Employment Appeal Tribunal has introduced new
rights into UK discrimination law, which will primarily benefit
carers of disabled people.
Ginny Hallam, Head of employment at Midlands law firm Berryman,
explains: "The judgement in the case has an impact on the
Disability Discrimination Act (DDA) going forward. It now expressly
protects against discrimination against a non-disabled person on
the grounds of the disability of a person they are associated with,
such as a disabled child.
"Carers are already entitled to limited time off work to deal
with emergencies affecting those for whom they have responsibility
and have the right to apply for flexible working. Now it is clear
they can resort to the Disability Discrimination Act where they
feel they are treated less favourably than others or subjected to
harassment for a reason relating to the disability of the person
they are caring for."
The Employment Appeal Tribunal (EAT) confirmed that the
judgement is not limited to carers or even those associated with a
disabled person, as Ginny explains: "According to EAT, the
judgement covers direct discrimination or harassment of an employee
based on the disability of any third party, though it does not
create any new rights to reasonable adjustments."
She adds: "All acts of discrimination introduced on or after the
1st October 2004 are affected by this decision by the EAT. The DDA
should now be read as if new subsections have been inserted to
encompass this new concept of 'associative discrimination'.