EBR Attridge Law LLP v Coleman UKEAT/0011/09

The EAT has upheld the decision of the employment judge that the Disability Discrimination Act 1995 is capable of being interpreted so as to protect people who suffer discrimination or harassment by reason of the disability of another person. The case will now be remitted to the Tribunal to be considered on its substantive merits.

Key point: For the purpose of all acts of discrimination on or after 1 October 2004 the effect of the EAT’s judgment is that the Act should be read as if new sub-sections were added. This judgment will primarily and immediately affect carers of disabled people where they are treated less favourably or are subject to harassment because of the disability of the person they care for.