SCA Packaging v Boyle (2009) UKHL
Northern Ireland disability case widens Disability Discrimination Act throughout the UK
SCA Packaging v Boyle (2009) UKHL
Disability Discrimination Act; Voice regime to avoid reoccurrence of disability
What a year it has been already for appellate court decisions on NI cases and we're only half way through. The latest one will have an impact throughout the UK.
Email service subscribers will know that we first reported on the tribunal case in May 2006. It was interesting case concerning the definition of disability and the deduced effects provision of the Disability Discrimination Act.
Lisa Taggart from the Equality Commission wrote an article for us in relation to the NI Court of Appeal decision. The background to the case was that the Claimant had suffered for a long period, since 1974, from hoarseness and loss of voice caused by vocal nodules. She was an active member of her local community involved in singing, amateur dramatics and committee work. Her condition deteriorated affecting her speech making it difficult for her to communicate.
Eventually she had surgery to remove the nodules and was then placed on a very strict 'management regime' by her speech therapist (measures to ensure that the condition did not return e.g. not raising her voice, staggering phone calls, avoiding smoky, dry or dusty rooms, giving up singing, increasing hydration levels, avoiding clearing her throat, to rest regularly).
At the material time of her complaint she was not suffering from any of the symptoms, but continued to rigorously follow her management regime. The Claimant's complaint arose when the Respondent sought to place her in an open plan office with other employees. She had occupied her own office prior to this and argued that to share with others would seriously compromise her vocal hygiene.
The Court of Appeal affirmed the position in the Claimant's favour in respect of all of the above and provided useful clarification in regard to the meaning of 'likely to occur' within the context of relatively uncertain case law, stating in its opinion the test was "could well happen".
The House of Lords has now declared that the Court of Appeal applied the correct test. It upheld the NICA's decision and dismissed the employer's appeal. We will provide email subscribers with a more detailed summary in due course but the "could well happen" test effectively widens the DDA for the whole of the UK.
SCA Packaging v Boyle House of Lords
