Often when we get frustrated about the state of affairs where Malaysian disabled people are facing discrimination on all fronts, may it be employment, education, transportation or housing, we need to learn from other countries and how they do it.
A recent test case proved to be a very good example of how the Disability Rights Commission (DRC) supported a British woman who is a carer to her son by ing her case to Europe and getting the European Court of Justice to judge her case.
It looks like a really long road for Malaysians to achieve similar goals as even the basic discriminatory practices cannot be solved, so how do we intend to solve cases like this, involving carers to disabled people. Research into disability issues are very limited on many aspects of disability.
At least we can learn from this test case and what Europe and Britain are doing in this respect.
Landmark test case could benefit millions of Britain’s carers
05/01/2007
A British woman received the green light to take her employment case to Europe later this year in a case that will have major implications for millions of Britain’s unpaid carers.
In a case jointly supported by the Disability Rights Commission (DRC) and Bates, Wells & Braithwaite solicitors, Sharon Coleman won the right for an unfair treatment claim against her employer - due to the primary caring role she has for her disabled son - to proceed before the European Court of Justice later this year.
The decision of the Employment Appeals Tribunal has been hailed by Equal Opportunities Commission and carers’ groups.
The case revolves around the interpretation of the EU’s equal treatment directive and its impact on UK disability discrimination legislation. The directive deals with equal treatment in employment and occupations and aims to combat discrimination on the grounds of religion, belief, disability, age or sexual orientation. Although she is not disabled, Ms Coleman’s lawyers contend that the directive protects her from unfair treatment which comes from her association with a disabled person. Associated discrimination is agreed by lawyers to be operative in cases of race and sexual orientation and the European Court of Justice’s decision would be the first time that disability discrimination will be considered to apply in these circumstances.
The DRC has argued strongly that associated discrimination should be an explicit feature of UK legislation.
Ms Coleman, who worked as a legal secretary for London solicitors Attridge Law, claims she was subjected to unfair treatment by her employers. In particular she claims:• she was criticised and described as ‘lazy’ when she wanted to take time off to care for her child;• on occasions when she was late for work because of problems with care for her child she was told that she would be sacked;• comments were made by her manager that her “f****** child” was “always f****** sick” and that she was using her child to manipulate her work conditions;• she was not allowed to work from home but other employees experienced no obstacles when wanting to care for their non-disabled children;• she was placed in a pool of staff selected for redundancy after she said that she wanted to make a formal request for flexible working to care for her child.
Ms Coleman claims that these actions created a hostile atmosphere which forced her to resign in March 2005. Speaking after the appeal decision she said:
“I was upset and shocked at the attitude of my former employers. They knew about my son's problems because I took him into the office, but they wouldn't allow me to work flexibly to make it easier to look after him. Other members of staff were taking time off for hospital appointments or worked from home but my requests were always turned down.
“When they heard that my son Oliver had a serious illness, they didn't expect me to return to work."
Currently 6 million people provide unpaid care in Britain, most of them women. Over a third of carers who provide 50 hours support or more per week have never worked or are currently unemployed.
Commenting on the decision of the employment appeal tribunal, Agnes Fletcher, Assistant Director of Communications at the DRC said:
“This case could have a major impact on the employment prospects of the 6 million people who provide unpaid care. Many of them have never been able to work. Others have struggled to balance work and caring responsibilities to the detriment of family life. Without providing protection from discrimination for carers and without family and employment policies that enable flexible working, many more British families will reach breaking point. The British economy needs those who provide care for disabled people to work, so that they can provide a decent income for their families and make provision for their pensions. Fairness at work for all employees benefits all of us.”
“Solving the problems faced by Ms Coleman and many thousands like her is the acid test for both Labour and the Conservatives’ family policies."
The case comes in advance of keynote policy announcements expected from Local Government and Communities Minister Ruth Kelly and Conservative Leader David Cameron in the New Year. These announcements are the result of increasing pressure from the DRC, EOC and carers’ groups to respond to Britain’s ‘care crisis’ and to put support to families at the top of the political agenda.
ENDS
Further information from the Disability Rights Commission Press Office on 0207 543 7099 or out of hours on 07813 060063.
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