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Able to be disabled?: Barry Clarke on discrimination by association

This episode of the Law Report focuses on a developing area of discrimination law, “discrimination by association”. This is an intermediate level course.



This has recently gained importance following a highly publicised case in which a legal secretary, Sharon Coleman, persuaded the European Court of Justice that she had been discriminated against on the grounds of disability. This was unusual because it was not on the grounds of her own disability but on the grounds of the disability of her young son.

The Times reported the case on its front page suggesting that it could result in new rights to flexible working for Britain’s significant number of carers.

This podcast will look at the background issues involved, the legal arguments and the future of both law and policy in the light of this decision.

The information in this podcast represented the legal position when it was recorded in September 2008.

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Aims and Outcomes

This podcast explores a developing area of discrimination law “discrimination by association”.

It will be useful for any lawyer with an interest in discrimination issues.

The interview lasts for 29 minutes. It will take you a further 20 minutes to complete the questionnaire. You will need to get 50 per cent of the questions right to gain your CPD.

The interviewer for this podcast is Fraser Whitehead, who also sets the questions.

Learning outcomes

After listening to the interview, you will understand:

  • The background to the Coleman Case
  • The role of the European Court of Justice in the case
  • The difference between the definitions of discrimination in UK and EU law
  • How the different strands of equality legislation in the UK deal with discrimination by association
  • Purposive interpretation and what happens when domestic and European law conflict
  • Frankovich claims
  • The different rights of public and private employees and the principle of direct effect and emanation
  • The impact the Coleman case could have on the rights of carers of disabled and older people
Barry Clarke
Barry Clarke

Barry Clarke is a consultant to the employment department at Russell Jones & Walker, having been a partner in the firm for several years and former head of the employment department in Cardiff. He still advises clients and has responsibility for internal and external training. Barry's consultancy with Russell Jones & Walker is part of a portfolio of work in the employment and equality field.

Barry qualified in 1996. He holds two part-time judicial appointments in employment and immigration and is an ACAS arbitrator. He also holds a statutory appointment to the Wales committee of the Equality & Human Rights Commission.

He lectures regularly not only on the law but also on diversity and cross-cultural working. From 2006 to 2008, Barry was the national chairman of the UK Employment Lawyers' Association. He is a trustee of Cardiff Law Centre. His publications include "Challenging Racism" (Lawrence & Wishart, London, 2002) and he is on the editorial board of PLC Employment Law and the editorial advisory panel of the forthcoming "Equality & Discrimination Law" by Fredman et al.

Chambers and Partners legal directory has identified Barry as the leading claimant employment lawyer in Wales and "second to none … no one comes near Russell Jones & Walker for claimant work". The Legal 500 (2007/2008) recognises the Cardiff department as "the leading claimant employment law practice in Wales". Barry has been recommended as a leader in his field for Employment in Chambers and Partners legal directory 2009.