Be very careful. A working carer who was refused flexible working to look after her disabled child has won a case in the European Courts of Justice after claiming she had been constructively dismissed because her employer's refusal amounted to disability discrimination.
The Employment Tribunal hearing the case referred the question whether discrimination prohibited by UK legislation covered cases where an employee was treated less favourably than her colleagues because, although not herself disabled, she was associated with a disabled person.
This also opens the door to the argument that workers should be protected by other forms of 'discrimination by association' under UK law.
Employers who receive flexible working requests from workers caring for disabled relatives should take advice.
