European courts test case

Share information, support and advice on all aspects of caring.
How do you think the human rights legislation could apply to Carers issues?
I've raised this point several times, but no one seems to think its a viable option.
Its all dependent on the interpretation of "work" IMHO. Once we can get the court to recognise voluntary workers as entitled to the same rights as paid workers, and if we can get carers recognised as volunteer workers (albeit self-employed/self selected as opposed to recruited by someone else) then we can crack it.
I have argued for years (and have followed my own advice) that carers should simply refuse to put in more than 40 hours caring a week. Anything more is slavery. Caring isnt a deal with the devil where we have to lose all in order to save our souls, it should be a free choice and we of all people should receive protection under the law.
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Caring isnt a deal with the devil where we have to lose all in order to save our souls, it should be a free choice and we of all people should receive protection under the law.
Absolutely right. We should be protected by law, but we aren't and it is the law makers of this country (the Government) who take full advantage of the lack of protective law.
I agree, but we can not just stop caring when we reach 40hrs of caring, the only person to suffer then would be the person we care for, that i would never do no matter how hard it was for me.

Tony
I agree, but we can not just stop caring when we reach 40hrs of caring, the only person to suffer then would be the person we care for, that i would never do no matter how hard it was for me.

Tony
Well, I think we can stop caring if we are minded to. Just put your foot down and inform your local authority that you will stop caring as of (date four weeks from now) unless they provide XYZ. Then stand back and see what happens. It can be quite instructive. If the solution is daily respite in a day centre, home care, or a nursing home, then so be it....you dont stop being a carer because you will still be visiting and/or providing support on a regular basis and monitoring the standard of care, but you can avoid the sleepless nights. Nobody can care well for more than 40 hours a week, you simply end up being a lousy carer, and who benefits from that?
Carers may become latest beneficiaries of equality legislation
22/10/2007


As a European court case looks set to make caring the seventh ‘equalities strand’, 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: “Employers must examine their flexible working policy to ensure that there is no preferential treatment, whether intentional or not.â€Â
http://www.personneltoday.com/

A crucial European legal opinion that could dramatically increase the workplace rights of carers has been delayed.

The Advocate General, one of the European Union's senior legal experts, was due to give his opinion on a landmark case on the rights of carers last week before the European Court of Justice (ECJ).

Attridge Law v Coleman concerns the claim of a single mother of a five-year-old disabled boy.

Coleman claims she was discriminated against, contrary to the Disability Discrimination Act, because she is her son's primary carer.

If successful, the case would introduce "associative" protection to all carers of disabled and elderly people from workplace discrimination, based on their caring responsibilities.

At the moment, carers only have the right to request flexible working.

However, the legal opinion has now been postponed until 31 January.

The case will be determined by the ECJ later this year, but the Advocate General's opinion is influential and likely to be followed by the court.
31st of January in the Diary.

Along with the unfair bankcharge decision it could be an interesting month.
31st of January in the Diary.

Along with the unfair bankcharge decision it could be an interesting month.
I am keeping an eye on the bank charges one too.Lets just say my eldest daughter been a bit silly Image Image .If you come across any news about this can you let me know please.

Thanks
Rosemary
x x x
The judgement is due tomorrow morning. It is a case that could have big implications for carers' rights so I wanted to bring this back to the fore.

To remind others, who may not know the background - the issue is whether a carer is covered by disibility discrimination laws by their association with disability. Sharon Coleman is claiming in the European courts that she was discriminated against in her job because she was a carer for her disabled son.

Matt
Look forward to seeing the outcome Matt especially if beneficial to carers