Labour & European Law Review
07 February 2008
In a case of huge significance to disability discrimination law, the Advocate General (AG) of the European Court of Justice (ECJ) has said that the Equal Treatment Directive should apply not only to the disabled, but also people associated with them, such as carers.
The case of Sinclair v Wandsworth Council (IDS 843) contains a salutary tale for employers who fail to implement their own policies.
The 1970 Equal Pay Act says that if a woman is doing the same work as a man, she is entitled to be paid the same, unless her employer can show there is a genuine material factor (GMF) to account for the difference.