Carers may become latest beneficiaries of equality legislation

As a European court case looks set to make caring the seventh ëequalities strandí, experts at law firm, Cobbetts, are urging employers to take a close look at their flexible working policies to avoid litigation.

The European Court of Justice has recently heard the case of Sharon Coleman and must decide whether she was discriminated against by her employer when it came to caring for her severely disabled son, while those with non-disabled children faced no barriers when they requested flexible working. A ruling in favour of Coleman would mean that employers have to ensure equal treatment for carers in the same way as they currently consider gender, race, age, sexual orientation, disability and faith. The decision has been delayed until January.

Parents of disabled children under the age of 18 have had the right to request flexible working since 2003, and an employer can only refuse if they have a justifiable business reason for doing so.

Judith Watson, head of employment at Cobbetts, said: ìEmployers must examine their flexible working policy to ensure that there is no preferential treatment, whether intentional or not.î

ìFlexible working can benefit both employee and employer, as people who are working hours that suit them tend to be more motivated and thus more productive.

ìCurrent thinking suggests that the more people who have access to flexible working, the happier and more productive the UKís working population will be, and that can only be good for business.î