Legal advice: Associated discrimination concept yet to be ruled upon

All eyes are drawn to an interesting development in the area of disability discrimination - the concept of 'associated discrimination'.

In Coleman v Attridge Law the dismissed employee argued she was discriminated against and subsequently dismissed, not for being disabled herself but because she was connected to someone that was.

Supported by the Disability Rights Commission, the claim has now been referred to the European Court of Justice (ECJ) for a determination as to whether the European Equal Treatment Framework Directive leaves open the possibility of discrimination by association.

If so, it will then be for a domestic court to determine whether the Disability Discrimination Act can be read so as to include the same concept of 'associated discrimination' which is already present in the areas of sex and race discrimination by virtue of the wording in the respective acts which refer to discrimination on the grounds of sex or race.

It seems likely that the same concept will become relevant in claims involving disability discrimination.

If it does, the effect on employers will be significant and all recruitment policies and flexible and home working arrangements for those employees who are carers of disabled individuals will need to be reviewed with diligence.

For employers, especially small employers, it will be a further area of concern on recruitment or monitoring absence where employees may have a general right of absence based on the disability of a dependant or relative quite apart from existing law in this area on flexible working or time off for dependants.

We must await the outcome of the ECJ's decision, which will, no doubt, not be available for some time.