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UNISON sets precedent on disability case

UNISON has set a Scottish precedent in winning an Employment Appeal Tribunal case in favour of a UNISON member who had been dismissed on the grounds of capability.

Betty Rush, a nurse at Law Hospital Trust, and UNISON Branch Secretary, had been a nurse there for 20/25 years. After a series of injuries to her back she was dismissed on grounds of capability.

Lucy Crone, UNISONScotland's Legal Officer takes up the story. "Before UNISON could argue under the Disability Discrimination Act, that the trust should have made reasonable adjustments to keep Betty in a job, we had to get the tribunal to decide that she was disabled for the purposes of the Act. This they did, and after the employer appealed, the EAT confirmed the original decision.

"This is a good decision because not only was this the first time in Scotland that the EAT have had to decide on the definition of disability, but it also supports the approach taken by the Tribunal."

The case will now return to ET for the merits of the unfair dismissal claim and the DDA claim to be heard. The hearing date is expected some time in April/May.