Discrimination by association
[ch 8: page 45]Claims of direct discrimination and/or harassment (but not other forms of discrimination) can include situations where someone is discriminated against because of someone else’s disability. This is known as “discrimination by association” or “associative discrimination”. It was established in the case of Coleman v Attridge Law and another C-303/06 in which an employee was harassed out of her job because she was caring for her disabled son.
It does not apply to the duty to make reasonable adjustments, which means that there is no breach of duty if an employer fails to adjust an individual’s role or duties to accommodate their caring duties. A worker wanting changes to their hours would be best to make a request for flexible working under section 80F of the Employment Rights Act 1996. It may be possible to bring a claim of indirect discrimination, but there is not yet a legal precedent for this.