The claimant suffered a condition which would lead to the development of vocal nodules unless she followed a program which would allow her to avoid raising her voice. She said that employer should not have placed her within a noisy environment. The employer appealed against a decision that she suffered a disability saying that she had no continuing disability, only a propensity for one.
Held: The appeal was dismissed. In this context asking as to the possibility of adverse effects, the word ‘likely’ did not mean ‘probable’, but rather ‘could well happen.’ The claimant was following a course of treatment, and an employer should assume that if that treatment was interrupted, the condition would be likely to recur within the statute. The application of the term within the general jurisdiction must change accordingly. The House urged caution in the use of the procedure for determining preliminary points of law.
Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood and Lord Neuberger of Abbotsbury
[2009] UKHL 37, Times 06-Jul-2009
Bailii
Disability Discrimination Act 1995, Rules of the Supreme Court (Northern Ireland) 19
Northern Ireland
Citing:
Cited – National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others EAT 2-Nov-1994
EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an emanation of the State within the meaning ascribed to that . .
Appeal from – SCA Packaging Ltd v Boyle CANI 9-Oct-2008
. .
Cited – O’Shea Construction Ltd v Bassi EAT 21-May-1998
. .
Overruled – Latchman v Reed Business Information Ltd EAT 7-Dec-2001
EAT The EAT considered the expression ‘likely to last’ in paragraph 2(1)(b) of the Act, and stated: ‘It is always tempting to accord, and is often appropriate, when it is charged with finding out what at some . .
Cited – Ryder v Northern Ireland Policing Board CANI 23-Nov-2007
Kerr LCJ said: ‘A number of recent appeals from decisions of the Fair Employment/Industrial tribunals have involved challenges to conclusions reached on preliminary points – see, for instance, Bombadier Aerospace v McConnell and Cunningham v . .
Cited – Tilling v Whiteman HL 1980
Lord Scarman said: ‘Preliminary points of law are too often treacherous short cuts. Their price can be, as here, delay, anxiety and expense.’
Lord Wilberforce said: ‘The judge took what has turned out to be an unfortunate course. Instead of . .
Cited – O’Shea Construction Ltd v Bassi EAT 21-May-1998
. .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 11 November 2021; Ref: scu.368931