Landmark ruling for disabled workers

A LANDMARK ruling has been hailed by legal experts as a major advance for disabled workers rights.

The ’Nottingham County Council v Meikle (2004)’ case ruled that Nottingham school teacher, Gaynor Meikle, who was constructively dismissed, should have received full pay, not sick pay when she suffered sight loss.

Meikle asked her employers to make improvements when her sight began to degenerate but changes were not made and she was forced to resign in May 2000.

Nichola Upperton-Evans, employment partner at national law firm Rowe Cohen said:

This case is a massive step forward for disabled workers rights. It reinforces the need for employers to comply with disability discrimination rules. Employers risk thousands of pounds of claims for constructive dismissal if they fail to make reasonable adjustments in the workplace.

The Disability Rights Commission (DRC) backed the case on the grounds that constructive dismissal occurs when an employer is responsible for acting in a way that entitles a worker to resign.