A woman whose case under the Disability Discrimination Act was the subject of a landmark House of Lords ruling, has agreed a settlement with her former employer, SCA Packaging Limited, for a sum of £125,000.
Ms. Boyle, from Warrenpoint had brought a claim against the company alleging that she had been the victim of discrimination on the grounds of disability, sex, victimisation and unfair selection for redundancy. She was employed by SCA Packaging Limited as a stock controller, and had had difficulties with her vocal chords since 1974 suffering from hoarseness and loss of voice caused by the presence of vocal nodules. This was a condition that required surgery, speech therapy and a strict management regime involving limiting the use of her voice, staggering telephone calls, avoiding smoky, dry or dusty atmospheres, speaking quietly, reducing background noise and maintaining high hydration levels, all of which were necessary to ensure that the problems did not recur.
By maintaining this regime Ms. Boyle was able to remain free from the symptoms of her condition. However, her employer then sought to remove a partition separating her office from a stock control room.
Ms. Boyle believed that the increased noise levels resulting from this would have a substantial adverse effect on her health and consequently brought proceedings under the Disability Discrimination Act alleging discrimination on grounds of her employer’s failure to make reasonable adjustments for her disability. Shortly after bringing the claim she was made redundant.
The case eventually made its way to the House of Lords where the Judgment of the House helped to clarify the application of the law in this area and was viewed as increasing the protection from discrimination afforded to people who suffer form a disability but whose symptoms can be fluctuating or are the subject of management either by medication or regime.
The House of Lords then referred the case back to the Industrial Tribunal in Northern Ireland for a decision and the parties settled the case in March 2010.
Ms. Boyle said, “This has been a nine year battle that caused so much stress to me and my family. However, because of the ruling made in my case, other disabled people can benefit too.”
Commenting on the case, Eileen Lavery, Head of Strategic Enforcement in the Equality Commission said,“ This is the conclusion of a case in which the Court of Appeal made a significant ruling, subsequently upheld by the House of Lords, which changed the previously accepted interpretation of the word ‘likely’ when used in the Disability Discrimination Act. This has broadened the protection afforded to people under that Act,”
She added “The change is particularly important for people with conditions which can be controlled by treatment or medication; or fluctuating conditions which, even though they have temporarily ceased to have an adverse effect, are likely to recur. People with such conditions could include those with, for example, diabetes, epilepsy, rheumatoid arthritis or multiple sclerosis.”
If you feel that you need advice about discrimination of any kind in the workplace contact your local bureau for assistance. A list of bureau and their contact details can be found at www.citizensadvice.co.uk/en/Where-We-Are/Bureaus/