New landmark ruling on disability discrimination

2nd July 2009

Disabled people will receive additional legal protection in the workplace due to a new ruling at the House of Lords.

The decision means that those who have a physical or mental disability that changes in severity over certain periods of time will still be considered disabled as long as the symptoms are likely to become more acute at some point in the future.

Director of legal enforcement at the Equality and Humans Rights Commission Susie Uppal remarked: "Many people have chronic medical conditions, such as epilepsy, rheumatoid arthritis or diabetes. Often, they do not define themselves as disabled as they can manage the symptoms or their condition may be in remission."

The ruling was based on the case of Elizabeth Boyle who sued her former employer – SCA Packaging – for removing partitions near her desk that required her to speak more loudly despite having a vocal condition that makes speech difficult.

In its defence, the organisation argued that her disability no longer affected Ms Boyle.

Earlier this month, Craegmoor Healthcare chief executive officer Ted Smith commended a new government scheme to raise awareness of disabilities in the workplace.

Bela Gor, Employers' Forum on Disability Director of Legal Affairs, said: "This case is important because it will make it easier for people with fluctuating conditions to prove they meet the Disability Discrimination Act definition of disability."

"However, rather then trying to work out if an employee's fluctuating condition meets the definition of disability, employers should always take a best practice approach. In particular, employers should concentrate on making reasonable adjustments and removing barriers in the workplace that prevent people from performing to the best of their ability. This is not only the legally least risky approach, but will also enable employers to develop their workforce and become disability confident organisations."