NEWS & EVENTS

Employers in the region have been warned that they need to take extra care when considering disabilities in their workforce after a ruling in the  House of Lords . The ruling has widened  the scope of 'Disability'  so that it could now include other conditions where symptoms can be managed or may fluctuate such as epilepsy and diabetes.

The decision comes after a nine year battle by Elizabeth Boyle against her employers.  Mrs Boyle had a condition on her vocal cords which was manageable with care and measures such as limiting telephone calls, speaking quietly and avoiding dusty atmospheres.  When her employers decided to remove a partition between her office and a stock control room she claimed Disability Discrimination as she considered the changes would make her condition, which was at that time under control, worse.  She claimed her employers had not made reasonable adjustments for her disability. After a long battle she successfully agreed a settlement of £125,000 from her former employers.

 Phil Cookson, employment law specialist at Roythornes Solicitors said:

"The decision means that employers need to take much greater care than before that they are aware of the needs of their employees with conditions such as multiple sclerosis, diabetes and epilepsy, even if their conditions are currently managed and under control. 

Previously the law stated that an employer only had to make reasonable adjustments if the chance of recurrence was "more probable than not", but this has now been altered so they 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. "