Meaning of the word “likely” in the Disability Discrimination Act 1995
The House of Lords have published their decision in the case of SCA Packaging Ltd v Boyle.
The Boyle case concerned an employee who suffered from voice difficulties caused by vocal nodes. The Court had to decide whether this was a qualifying disability under the Disability Discrimination Act 1995. In order to do so, the Court focussed on the intended statutory definition of the word “likely”, which features in the legislation in a number of contexts including the likelihood of a recurrence of the condition at some point in the future.
This case is authority for the proposition that the word “likely” which is used repeatedly and in four different sections of the Disability Discrimination Act 1995 should be interpreted as meaning “could well happen” instead of “more probable than not” or “more likely than not”.
The House of Lords firmly rejected previous authority that 'likely' in the context of the Disability Discrimination Act 1995 meant a 51% chance. In future, the courts will apply what is surely a much lower standard of 'could well happen' and so this decision assists employees who are seeking to advance claims.
It remains the case that disability discrimination is extremely complex and employers need to be mindful of their wide ranging obligations under the Act.
SCA Packaging Ltd v Boyle 2009 WL 1726019
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The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.