A recent decision in Boyle v SCA Packaging, by the House of Lords provides clarification that employees with managed medical conditions are protected by disability law.
An employee had developed vocal nodules. After surgery, she was given medical advice to follow a strict regime to reduce stress on her voice and protect her from the risk of the nodules recurring. The medical advice was to sip water regularly throughout the day, refrain from raising her voice, restrict the amount of time she spent on the telephone and avoid background noise. A partition in her workplace, separated her from another office and helped reduce background noise. Following the regime and having use of the partition meant her vocal nodules did not recur.
In 2000 her employer removed the partition. As a result the employee had to use her voice and raise her voice more frequently. When she raised a grievance, her employer argued she was not disabled as her condition no longer had an adverse effect on her life. The employee began proceedings under the Disability Discrimination Act on the grounds her employer had failed to make reasonable adjustments for her disability. In 2002, she was made redundant after 33 years’ service. The employee alleged victimisation and unfair dismissal as well as disability discrimination.
After a Court of Appeal hearing, the House of Lords ruled that employees with physical or mental conditions which vary in severity over time should still be considered disabled and so employers do have a duty to provide reasonable adjustments. This can include conditions such as vocal nodules, epilepsy, diabetes and multiple sclerosis. The House of Lords also awarded the employee £125,000 in compensation from her former employer.
This now means employers should consider reasonable adjustments for employees with medical conditions that are managed and would be considered a disability but for that management. If you have been discriminated against on the basis of your disability or your employer has failed to consider making reasonable adjustments, please call either Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 now or complete one of the on-line forms.
