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Thank you Janet
I understand that sssociative discrimination is the act of
discriminating against an individual because of an association with
another person who has a protected characteristic under the Equality Act
2010. The individual who brings an employment tribunal claim would not
have the protected characteristic him or herself. A protected
characteristic is a trait that the law has determined should not a basis
for employment decisions, the equality Act 2010 lists protected
characteristics as age/gender/pregnancy/Maternity and so on & includes
diability. Where an employee has direct responsibility/carer status for
a disabled child/relative, I have recommended reasonable adjustment
discussion with employer/employee but I don't know what the situation is
when an employee has a relative in a care home because it isn't direct
care - outside my scope, I'm afraid, and I would be recommending legal
advice.
I hope this is helpful.
Best regards
Catherine
On Mon, 16 Nov 2015 19:47:39 +0000, Janet Patterson wrote:
> HI
> Good reference Catherine - many thanks.
> I think the application to the Act depends upon the nature of the
> application.
> Associated discrimination - good example of unfair dismissal /
> constructive dismissal.
>
> In our context of health - which is what I understood to be the
> enquiry - the disabled person is the one who would require
> adjustments
> - not the carer. Employees under the Equality Act are not required
> to
> make adjustments for a carer.
> I need my book to back this up..
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]] On
> Behalf Of Catherine Mackay
> Sent: 16 November 2015 19:33
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] Disability by way of being a
> carerCONFIDENTIAL EMAIL - INTENDED RECIPIENT ONLY
>
> >
> Dear Janet
>
> It's associate discrimination and this is the case law:
>
> EBR Attridge Law LLP & anor v Coleman - Bailii
> www.bailii.org/uk/cases/UKEAT/2009/0071_09_3010.html
>
> Best wishes
>
> Catherine
> ------------------------------------
> Catherine Mackay
> Director/Health at Work Specialist
> l: +44 131 445 4448| m: +44 7956439163
> e: [log in to unmask]
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>
> On Mon, 16 Nov 2015 19:04:36 +0000, Janet Patterson wrote:
>> I need to go back to my books as I don’t think EA covers a “carer”
>> in
>> the sense of disabled – it covers the person with a disability.. An
>> employer doesn’t have to make adjustments for their employee who
>> carers for someone unless of course the carer has symptoms / health
>> issues that may be considered as a disability.. I can check my
>> Ballard
>> book on this if anyone feels this is not the case (not got it to
>> hand
>> at present).
>>
>> FROM: [log in to unmask] [mailto:[log in to unmask]]
>> ON
>> BEHALF OF jacqui livock
>> SENT: 15 November 2015 12:49
>> TO: [log in to unmask]
>> SUBJECT: [OCC-HEALTH] Disability by way of being a carer
>>
>> Hi
>>
>> I have been asked a question, as we know the EA can apply if
>> employee
>> is caring for a disabled person.
>>
>> What if the person being cared for is in a "care home" which is poor
>> and not delivering care to the individual so employee goes in every
>> day to deliver the care the person should be getting ?
>>
>> Processes are underway for the complaints procedure etc but the
>> employer has asked...technically is the employee responsible for
>> care
>> of their loved one and as such should adjustments be made?
>>
>> Never straight forward is it?
>>
>> Jacqui
>>
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