Discrimination against Parents in the Workplace

As a parent or carer of a child with special educational needs or disabilities, you may face unique challenges in the workplace. Understanding your rights and protections under employment law is crucial.

The Equality Act 2010 provides a framework to prevent discrimination against individuals with protected characteristics. One important aspect of this legislation is associative discrimination, which can affect you as a parent or carer.

What is Discrimination?

Discrimination occurs when someone is treated unfairly due to a protected characteristic. The nine protected characteristics under the Equality Act 2010 are:

Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion and belief
Sex
Sexual orientation

What is Associative Discrimination?

Associative discrimination is a form of discrimination where the treatment the employee is exposed to isn’t due to them having the relevant protected characteristic, but someone they associate with. Associative discrimination doesn’t apply to all types of discrimination but it does apply for direct discrimination, indirect discrimination and harassment.. This was confirmed in the Coleman v Attridge Law case in the European Court of Justice.

Examples of Associative Discrimination

A good example of associative (direct) discrimination in the field of parenting a child with special educational needs would be being promised a promotion which is then removed following your disclosure that your child has additional needs, as the management feel you would not be able to cope with the additional responsibility. We see this happen a lot to the families we support.

Protecting Yourself

To protect yourself and your child from associative discrimination, consider the following steps:

Familiarize yourself with your rights under the Equality Act 2010.
Keep records of any discriminatory incidents or conversations.
Seek advice from HR or legal professionals if you believe you have been discriminated against.
Consider attending webinars or workshops on employment law and discrimination (we have one for you!)

Conclusion

As a parent or carer of a disabled child, it’s essential to be aware of your rights under employment law. Associative discrimination is a real concern, but with knowledge and proactive steps, you can protect yourself and your child from unfair treatment in the workplace.

Join us for a webinar on “Understanding Associative Discrimination and Employment Law” hosted by Precept HR, an award winning, leading HR and Legal Service specialising in employment law. This webinar is vital for all parents and carers of children with special educational needs and disabilities. It will take place on 14th March at 8pm. Register now to secure your spot!

The event will be recorded for ticketholders. If you miss booking a ticket you can watch the webinar again at a time that suits you on our Sunshine Academy.