ECJ Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2(1), (2)(a) and (3) and 3(1)(c) – Direct discrimination on grounds of disability – Harassment related to disability – Dismissal of an employee who is not himself disabled but whose child is disabled – Included – Burden of proof.
Judges:
V Skouris, P and Judges P. Jann, C. W. A. Timmermans, A. Rosas, K. Lenaerts, A. Tizzano, M. Ilesic, J. Klucka, A. O Caoimh, T. von Danwitz and A. Arabadjiev Advocate-General M. Poiares Maduro
Citations:
Times 29-Jul-2008, [2008] EUECJ C-303/06, C-303/06, [2008] IRLR 722, [2008] CEC 986, [2008] 3 CMLR 27, [2008] ICR 1128, [2008] All ER (EC) 1105
Links:
Statutes:
Jurisdiction:
European
Citing:
Opinion – S Coleman v Attridge Law, Steve Law ECJ 31-Jan-2008
ECJ (Opinion) The claimant accepted voluntary redundancy, but then alleged disability discrimination and constructive dismissal. She claimed to have been subjected to unfair treatment because she had a disabled . .
At EAT – Attridge Law (A Firm of Solicitors) v Coleman and Law EAT 20-Dec-2006
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
Cited by:
See Also – Coleman v Attridge Law, Law ECJ 17-Jul-2008
ECJ Grand Chamber – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2(1), (2)(a) and (3) and 3(1)(c) – Direct discrimination on grounds of disability – Harassment . .
At ECJ – EBR Attridge Law Llp and Another v Coleman EAT 30-Oct-2009
EAT DISABILITY DISCRIMINATION – ‘Associative’ discrimination
The Disability Discrimination Act 1995 can be interpreted so as to apply to ‘associative’ discrimination as required by the decision of the . .
Cited – HM Land Registry v Grant EAT 15-Apr-2010
hmlr_grantEAT10
EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISM
HARASSMENT – Conduct
PRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-Barke
An Employment Tribunal accepted that 6 out of 12 . .
Cited – Brill v Interactive Business Communications Ltd CA 9-Dec-2010
The claimant had issued proceedings for unfair dismissal, but his appeal against refusal of permission to amend his claim to allow a claim for disability discrimination had succeeded at the EAT. At the time when the claim had been made, the law . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 21 July 2022; Ref: scu.279116
