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25 September 2009 / Sarfraz Khan
Issue: 7386 / Categories: Features , Discrimination , Employment
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Added protection

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More people are now potentially classed as disabled & so entitled to protection

Elizabeth Boyle worked for SCA Packaging Ltd (the company) in Northern Ireland from 1969 until 2002. In 1975 she experienced voice problems caused by vocal nodes, which recurred in 1981 and 1992. She has subsequently followed a strict voice management regime to avoid recurrence.

In 2000, a new manager threatened to remove the partition separating the office where Mrs Boyle worked from the stock control room. She feared the impact this would have in managing her health condition. The company took occupational health advice, but insisted the partition should go.
Mrs Boyle presented disability discrimination claims to the Northern Ireland industrial tribunals (NIIT). Further claims of discrimination, victimisation and unfair dismissal after she was made redundant were consolidated.

The legislation

The Disability Discrimination Act 1995 (DDA 1995) primarily provides rights to, and prohibits discrimination against people who are themselves defined as disabled. This includes people who have had a disability in the past, though non-disabled people are protected from victimisation and

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