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09 July 2009
Issue: 7377 / Categories: Legal News , Discrimination , Employment
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Added protection

Discrimination

Employers have a duty under disability discrimination laws toward employees whose health condition “could well happen” in the future, following a landmark House of Lords ruling.

SCA Packaging Ltd v Boyle  [2009] UKHL 37 (1 July 2009) concerned a woman with a propensity to develop nodules on her vocal cords, which she managed through a strict regime to conserve her voice. She claimed disability discrimination when her employer moved her to a noisier environment, where she had to raise her voice. Her employers disputed that she was “disabled”.

The Law Lords ruled in her favour. They extended the scope of the term “disability” by interpreting the word “likely” in para 6(1) of Sch 1 to the Disability Discrimination Act 1995 to mean “could well happen”, a wider test than “more likely than not”.

Delivering judgment, Lord Rodger said: “a doctor does not prescribe a continuing course of drug or other treatment only where she considers that there is more than a 50% chance of the condition or symptoms recurring. She does so when she considers that there is a significant risk of that happening—when ‘it could well happen’.”

Susie Uppal, director of legal enforcement at the Equality and Human Rights Commission, which intervened in the case, said it was important for “people [with] chronic medical conditions, such as epilepsy, rheumatoid arthritis or diabetes” to be recognised as disabled under the law.

Issue: 7377 / Categories: Legal News , Discrimination , Employment
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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