Category: disability discrimination

Boyle v SCA Packaging Ltd, Equality and Human Rights Commission intervening

House of Lords

“In determining whether a person was disabled within the meaning of the Disability Discrimination Act 1975 by reason of having an impairment which, although capable of being controlled by measures taken to treat it, would be likely to have substantial adverse effects but for those measures, the word ‘likely’ did not mean ‘probable’ but ‘could well happen’.”

The Times, 6th July 2009

Source: www.timesonline.co.uk

Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37; [2009] WLR (D) 222

“When determining whether a person was disabled within the meaning of the Disability Discrimination Act 1995 by reason of having an impairment which, though capable of being controlled by measures taken to treat or control it, would be likely to have substantial adverse effects but for those measures, the word “likely” did not mean probable but ‘could well happen’. It followed that a woman whose propensity to develop vocal nodules was controlled by a strict management regime based on avoiding raising her voice, but which “could well” return and cause substantial adverse effects if that regime was not followed, was disabled for the purposes of the Act and her former employer, who had decided to place her in a noisier work environment despite her claim that it would require her to speak louder and so jeopardise her voice management regime, had to answer her claim that they had failed to make reasonable adjustments for her disability.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.