SCA Packaging Ltd v Boyle [2008] NICA 48 (09 October 2008)

SCA Packaging Ltd v Boyle [2008] NICA 48 (09 October 2008)

The claimant had an existing impairment (innate weakness of voice with propensity to vocal nodules) at the relevant time, and but for the voice management regime, substantial adverse long-term effects were likely to recur. The management regime constituted 'measures' under paragraph 6 Schedule 1 DDA. The Tribunal's reasoning was flawed for not addressing existence of impairment, but the Court of Appeal drew the necessary inference from the evidence and found the statutory requirements for disability were met.

Citation
[2008] NICA 48
Parties
Appellant/respondent: SCA Packaging Limited; Respondent/claimant: Elizabeth Boyle
Jurisdiction
Northern Ireland
Judgment Date
09 October 2008
Procedural Posture
Disability Discrimination Appeal (case Stated From Industrial Tribunal) / Court of Appeal Judgment
Outcome
Appeal dismissed; Tribunal's findings upheld with clarification.
Legal Topics
Definition of Disability Under Disability Discrimination Act 1995, Interpretation of 'likelihood' in Statutory Context, Application of Schedule 1 Paragraphs 2(2) and 6(1) DDA
Employment Law Disability Discrimination Definition of Disability Under Disability Discrimination Act 1995 Interpretation of 'likelihood' in Statutory Context Application of Schedule 1 Paragraphs 2(2) and 6(1) DDA

Case Brief

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Parties

SCA Packaging Limited

Appellant/respondent

Elizabeth Boyle

Respondent/claimant

Procedural Posture

Disability Discrimination Appeal (case Stated From Industrial Tribunal) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claimant was a disabled person under section 1 DDA during relevant period
  2. 2 Whether management regime constituted 'measures' under paragraph 6 Schedule 1 DDA
  3. 3 Whether effects after removal of vocal nodules were substantial

Ratio Decidendi

The claimant had an existing impairment (innate weakness of voice with propensity to vocal nodules) at the relevant time, and but for the voice management regime, substantial adverse long-term effects were likely to recur. The management regime constituted 'measures' under paragraph 6 Schedule 1 DDA. The Tribunal's reasoning was flawed for not addressing existence of impairment, but the Court of Appeal drew the necessary inference from the evidence and found the statutory requirements for disability were met.

Court Disposition

Appeal dismissed; Tribunal's findings upheld with clarification.

Orders

  • Court of Appeal answers: Question 1 – No; Question 2 – No; Question 3 – Does not arise; Question 4 – Does not arise.
  • No remittal to Tribunal; Court draws inference of existing impairment and finds statutory disability requirements met.