Workplace: Discrimination Case Makes Legal History

Elizabeth Boyle

People with a range of controlled, recurring health conditions, where symptoms can be managed or may fluctuate, are protected by UK disability legislation, following a decision by the House of Lords.

Elizabeth Boyle, from Warrenpoint in Northern Ireland, is affected by vocal nodules. She brought a case of discrimination against her former employer, SCA Packaging Ltd, after they changed her  working environment which would have threatened her voice.

The legal decision has clarified current UK disability legislation, and could have significant consequences for people with conditions such as diabetes, multiple sclerosis and epilepsy.

Ms Boyle began proceedings under the Disability Discrimination Act back in 2001, alleging discrimination on grounds of her employer’s failure to make reasonable adjustments for her disability.

The Lords’ judgment, which upheld the Court of Appeal ruling, focused on circumstances where a worker’s medical condition is controlled or not current but could recur if the working environment changes. The decision has effectively lowered the legal threshold at which employers have a responsibility.

Source: BBC News