House of Lords ruling gives protection for a wider range of disabled conditions

The Lords found people with physical or mental conditions, which vary in severity over time, can still be labelled ‘disabled' if their conditions are likely to become substantial in the future. This means more staff will be liable for legal protection.

The Equality and Human Rights Commission intervened following the case of employee Elizabeth Boyle who took her employer SCA Packaging to court. Boyle developed vocal nodules and under advice of her doctors had to speak quietly to protect her voice. The employer removed partitions around her desk forcing her to speak louder and risking the return of her condition.

The company argued Boyle was not disabled because the condition no longer had an ‘adverse effect on her life', following surgery on the nodules.

Susie Uppal, director of legal enforcement at the Equality and Human Rights Commission, said: ‘Many people have chronic medical conditions, such as epilepsy, rheumatoid arthritis or diabetes. Often, they do not define themselves as disabled as they can manage the symptoms or their condition may be in remission. But it is important that these people are recognised as being disabled under the law so they get the protection they need to prevent their conditions recurring and their quality of life suffering as a result."

The Lords ruled that in the case of conditions such as diabetes or epilepsy, which are concealed from public view because they are controlled by medication, the disability is insidious. Measures that are taken to treat or correct these conditions, so long as they are effective, enable staff to carry on normal day-to-day activities just like everyone else. But the disability is there nevertheless.