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Discrimination case makes history Discrimination case makes history
(20 minutes later)
A woman from Warrenpoint has made history in a landmark discrimination case in which the House of Lords clarified the UK's Disability Law.A woman from Warrenpoint has made history in a landmark discrimination case in which the House of Lords clarified the UK's Disability Law.
Elizabeth Boyle, who suffers from vocal nodules agreed the sum of £125,000 from her former employer, SCA Packaging Ltd.Elizabeth Boyle, who suffers from vocal nodules agreed the sum of £125,000 from her former employer, SCA Packaging Ltd.
Ms Boyle brought the case after the company changed her working environment which would have threatened her voice.Ms Boyle brought the case after the company changed her working environment which would have threatened her voice.
The decision by the House of Lords now interprets the words, "likely to happen," to mean, "could well happen". The ruling means more people with controlled, recurring conditions are covered by disability law.
The case has clarified the law, increasing protection from discrimination to people with a range of health conditions where symptoms can be managed or may fluctuate. 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.This could include conditions such as diabetes, multiple sclerosis and epilepsy.
Unfair selection Background noise
The settlement was made without admission of liability by SCA Packaging Ltd, in respect of the claims. Ms Boyle was employed by SCA Packaging Limited as a stock controller at their Warrenpoint factory.
Ms Boyle alleged discrimination on grounds of disability, sex, victimisation and unfair selection for redundancy. She suffered from difficulties with her vocal chords from 1974.
The case was reviewed under the Disability Discrimination Act and was the subject of a House of Lords ruling.
Ms Boyle was employed by SCA Packaging Limited as a stock controller at their Warrenpoint factory, and had had difficulties with her vocal chords from 1974.
Her condition required surgery, speech therapy and a strict management regime to ensure the problems did not recur.Her condition required surgery, speech therapy and a strict management regime to ensure the problems did not recur.
This involved 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. This involved limiting the use of her voice, staggering telephone calls, avoiding dusty atmospheres, speaking quietly and reducing background noise.
At a time when Ms. Boyle was following her health management regime rigorously and was symptom free, her employer sought to remove a partition separating her office from a stock control room.At a time when Ms. Boyle was following her health management regime rigorously and was symptom free, her employer sought to remove a partition separating her office from a stock control room.
Minimise symptoms She believed that the increased noise levels would have a substantial adverse effect on her health.
Victimisation
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.
This has been a nine-year battle that caused so much stress to me and my family Elizabeth Boyle
In May 2002, after 33 years service, she was made redundant and, arising from this decision, she brought further proceedings alleging victimisation and unfair dismissal.
Her legal battle went as far as the Court of Appeal in Belfast before ending up in the House of Lords, then the UK's highest court.
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.
Previously the law stated that an employer only had to make reasonable adjustments if the chance of recurrence was "more probable than not".
This definition has now be altered so bosses need to take action if the return of the medical problem "could well happen".
In effect this has lowered the legal threshold at which employers have a responsibility.
Speaking after the settlement, Ms Boyle said: "This has been a nine-year battle that caused so much stress to me and my family.Speaking after the settlement, 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. "However, because of the ruling made in my case, other disabled people can benefit too."
"I had worked hard to minimise the symptoms of my condition," Ms Boyle said. The bulk of SCA Packaging's operations in Ireland and the UK were sold off in 2008 and the Warrenpoint factory where Ms Boyle worked is now under new ownership.
"So I was very upset when changes were proposed by management to my working arrangements which I felt might undermine the very strenuous efforts I had made to protect my voice and safeguard my health." A spokesman for the new owners - SAICA PACK - said they had no involvement in the case
Ms Boyle believed that the increased noise levels would have a substantial adverse effect on her health and 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, she was made redundant and, arising from this decision, she subsequently brought further proceedings alleging breaches of the Disability Discrimination Act, including victimisation, and of the Sex Discrimination Order.
Ms Boyle also claimed she was unfairly dismissed.
Eileen Lavery, Head of Strategic Enforcement in the Equality Commission, said the case has broadened the protection afforded to people under the Disability Discrimination Act.
"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."
Under the previous interpretation, an employer could possibly decide to take no steps to accommodate special measures being followed by the employee, unless the risk of recurrence of her condition could be shown to be more probable than not.
This ruling means that it is sufficient to establish that if a persons treatment regime is disrupted, disabling effects could well recur.
This would then carry with it a requirement of reasonable adjustment on the part of the employer