The Advocate General (whose opinion is usually followed by the European Court of Justice) has stated that direct discrimination or harassment in a case relating to Disability Discrimination can apply to those indirectly affected by discrimination such as carers.

Effectively, if followed by the European Court and subsequently the English Court, it will be impermissible for an employer to do anything to someone as a result of the consequences of their caring for a disabled person, that is unless the circumstances would allow it to happen to a disabled person directly.

Furthermore, the Advocate General has not restricted this to Disability Discrimination. It will also apply to direct discrimination by association for any category covered by the equal treatment framework directive. This would therefore include religion or belief, disability, age or sexual orientation.

Practically speaking it underlines the importance of taking written grievances seriously or inviting disgruntled employees to enter written grievances when the source of their concern is something done by the employer.

A written grievance at least gives you, as an employer, the opportunity to pick up on these potential claims before they become issues.