No lift up for disabled applicant at Churchill’s Stairlifts

1 November 2005

A man who was rejected for a sales job at Churchill’s Stairlifts has won a claim of disability discrimination in the Court of Appeal.

This is the first recruitment case about disability discrimination to be heard in the Court of Appeal.

Iain Smith, who took the case, was supported in his appeal by the Disability Rights Commission (DRC).

Mr Smith, who has Lumbar Spondylosis – which means he has difficulty walking and carrying heavy objects - applied for a job selling radiator covers for Churchill’s Stairlifts in September 2003.  The company makes mobility aids for disabled people. Mr Smith was successful at interview but was later turned down for the job.

Between the job offer and the start of training, Churchill’s decided that sales people would have to carry full size models of their radiator covers and Mr Smith would be unable to do this because of his impairment.  The company withdrew the job offer despite Mr Smith suggesting various alternatives including a trial period without using sales aids.

Bert Massie, Chair of the DRC said today:

“This judgement clearly shows that employers shouldn’t put obstacles in the way of disabled people applying for work.

“Discrimination against disabled people at recruitment has been very difficult to prove so I’m delighted this case has been successful.

“Only half of working age people who have an impairment or long-term health condition are in work, but many more would like the opportunity. Employers need to make this possible and if they follow the law and best practice they can be sure they will always get the best person for the job.

Mr Smith said he was pleased with the judgement:

“This was a job I was absolutely right for – and had the sales experience which would have really benefited the company. But they couldn’t see past my disability. And they couldn’t understand the simple adjustments which could have been made to the job so that I could be effective.”

Mr Smith, who believed he’d been discriminated against because of his disability, took his case to an Employment Tribunal and Employment Appeal Tribunal. He lost his case in the employment tribunal and at appeal because the tribunals found that the majority of the population would not be able to lift the sales aids so Mr Smith was not placed at a disadvantage.

The Court of Appeal ruled the previous approach taken by the tribunals was wrong.  It clarified that Mr Smith suffered a disadvantage because he was unsuccessful in getting the job at Churchill’s and this was a direct result of his disability.  It also ruled that Churchill’s Stairlifts should have made an adjustment to the way Mr Smith worked to overcome this disadvantage.

The case will now go back to the employment tribunal to decide how much compensation Mr Smith should be awarded.

Further information from Alyson Rose at the Disability Rights Commission Press Office on 0207 543 7043 or out of hours on 0777 6171279.