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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.
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