03.12.2008

Tribunal Rules That DDA Covers Associative Disability Discrimination

In Coleman v EBR Attridge Law LLP and another ET/2303745/2005 a tribunal held that the Disability Discrimination Act 1995 (DDA) is capable of being construed, in line with the Equal Treatment Framework Directive 2000/78/EC, as prohibiting discrimination on the ground of, and harassment related to, an individual's association with a disabled person.

It followed that an employee's claim that she had been discriminated against and harassed by her employer owing to her need to care for her disabled son could proceed to a full hearing. However, the tribunal held that it only has jurisdiction to consider the employee's complaints to the extent that they relate to events occurring on or after 1 October 2004, the date on which the DDA was amended with a view to implementing the Directive's provisions.