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Employers should, as far as is reasonable, make adjustments to support members of staff who are caring for disabled family members, the Equality and Human Rights Commission will tell the Court of Appeal today.

The case, in which the Commission is intervening as a third party to assist the court with expert equality and human rights advice, involves Dr Christine Hainsworth and the Ministry of Defence (MOD).

Dr Hainsworth worked for the MOD and was stationed in Germany. She requested a transfer to the UK to enable her disabled daughter’s special educational needs to be met. However, her request was refused and she claimed unlawful disability discrimination. Her claim was previously rejected by the Employment Tribunal and the Employment Appeals Tribunal. 

The Commission, which promotes and enforces the laws which protect everyone’s right to be treated with fairness, dignity and respect, will say a failure by an employer to make changes to working arrangements, known as ‘reasonable adjustments’, may well have a knock on effect on a carer’s ability to continue work and on a disabled person’s ability to train, find or retain work. 

The Commission will ask the court to consider whether EU legislation obliges an employer to make ‘reasonable adjustments’ where they are required to accommodate the needs of a disabled person who is cared for by the worker; and, if so, whether EU directives can be read into the Equality Act 2010. 

The Commission will also argue that the United Nations Convention on the Rights of Persons with Disabilities strongly supports Dr Hainsworth’s case and European law should be interpreted in the light of the Convention. 

Previously the Commission supported the case of Coleman v Attridge Law at the European Court of Justice where the Court agreed that Ms Coleman should be given protection even though the harassment she suffered at work was because of her disabled son rather than herself. This was not however a case about providing reasonable adjustments.

Commission Chief Legal Officer, Rebecca Hilsenrath said:

“Equality and human rights legislation is here to protect everyone and the duty to make reasonable adjustments should benefit everyone. 

 

“There are three million employees in England and Wales who provide huge value and a vital service to the country as unpaid carers.  Many of them look after disabled family members.  Carers also provide value to their employers and research suggests that a flexible approach to supporting employees with family responsibilities increases productivity and enhances employee commitment.  In this way, carers achieve a decent work life balance and employers continue to derive the economic benefit of motivated, experienced staff.” 

For more press information contact the Commission’s media office on 0161 8298102, out of hours 07767 272 818. 

Notes to Editors

•     Dr Christine Hainsworth v Ministry of Defence

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.