SCA Packaging Limited and Elizabeth Boyle
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2008] NICA 48 |
| Date | 09 October 2008 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No.: [2008] NICA 48 Ref:
GIR7101
Judgment: approved by the Court for handing down Delivered:
09/10/08
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
SCA PACKAGING LIMITED
Appellant/Respondent;
-and-
ELIZABETH BOYLE
Respondent/Claimant.
________
Kerr LCJ, Higgins LJ and Girvan LJ
GIRVAN LJ
Introduction
[1] This case comes before the court by way of a case stated by an Industrial
Tribunal. The Tribunal poses the following questions which arose in a
disability discrimination claim brought by the respondent against her
employer, the appellant:
Question 1 – Taking account of all the evidence both oral and documentary
and on video, did the tribunal err in law in finding that the respondent was a
disabled person within the meaning of section 1 of the Disability
Discrimination Act 1995 during the period 27 September 2000 to 19 November
2002 and was that decision perverse in that no reasonable Tribunal having
considered the evidence would have reached that conclusion?
Question 2 – Did the Tribunal err in law in finding that the management
regime followed by the claimant was capable of constituting measures
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