UK disability discrimination law could be set to change if the European Court of Justice (ECJ) finds in favour of a woman who is suing her former law firm employer.


The landmark case - heard by the ECJ earlier this month - concerns Sharon Coleman, who, while working as a legal secretary at a London law firm, gave birth to a child suffering from a disability.



Following her return to work, she alleges that she was treated less favourably than parents of non-disabled children. She left the firm and brought a claim for constructive dismissal and disability discrimination. The firm denied the allegations.



Bates Wells & Braithwaite employment partner Lucy McLynn, who is acting for Ms Coleman, said the employment tribunal referred the case to the ECJ for guidance on whether the European Framework Directive provided protection for someone in her client's situation.



Ms McLynn said: 'UK disability discrimination law does not cover associative discrimination, where someone associated with a disabled person - such as a mother or other carer - experiences less favourable treatment. UK law only covers direct discrimination, where the disabled person experiences less favourable treatment for a reason directly related to his or her own disability.



'The UK, Irish, Greek and Dutch governments all opposed us on the grounds that sufficient protections for carers already existed. The European Commission backed us. We expect a decision in spring 2008.'



Jonathan Rayner