Landmark Case on Disability Discrimination

More People to be Covered by Disability Law

The House of Lords clarified the UK’s Disability Law and have awarded Elizabeth Boyle £125,000 compensation from her former employer.

The ruling means that more people with controlled, recurring conditions are covered by disability law.

It extends protection from discrimination to people with a range of health conditions where symptoms can be managed or may fluctuate. This could include conditions such as diabetes, multiple sclerosis and epilepsy.

Elizabeth Boyle, who had developed vocal nodules which threaten speech, alleged she had been discriminated against by her former employer of 32 years, SCA Packaging.

Boyle protested when SCA removed partitions near her desk causing her to speak more loudly. The company argued Boyle was not disabled as her condition no longer had an adverse effect on her life.

In October 2001, she began proceedings under the Disability Discrimination Act alleging discrimination on grounds of her employer’s failure to make reasonable adjustments for her disability.

In May 2002, after 33 years’ service, Boyle was made redundant and, arising from this decision, she brought further proceedings alleging victimisation and unfair dismissal.

Ed Says, “It is easy for an employer to find themselves in this type of situation especially if you don’t have the luxury of an on-site HR or Occupational Health expert. The advice I always give is not to put yourself in a position where you are seen to be taking ‘medical’ decisions about an employee’s situation.

Always seek advice and keep notes of any discussions that you have with the employee – as for what is a ‘reasonable adjustment’ follow this link to the Shaw Trust charity who have an excellent website for employers.”

If you want to learn more about the Disability Discrimination Act there is an employer’s guide in the Library of both DBx1 and EDx3 products.