Labour Research (December 2004)

Law Matters

Union found to have breached disability discrimination law

In the first case of its kind relating to trade union membership, journalists' union the NUJ has been found to have breached the Disability Discrimination Act 1995 (DDA).

Last month an employment tribunal awarded compensation of just under £8,000 to disabled writer and artist Dr Juliet Gosling, after finding that she had suffered discrimination under the DDA on four occasions at the NUJ annual conference four years ago.

The tribunal agreed with Gosling's claim that the union had failed to meet her dietary needs, failed to ensure that the staff member assigned to support disabled delegates was carrying out his duties, and failed to take adequate care of her wheelchair. Because of these failures, she suffered a serious illness that lasted for four months.

The NUJ, which had argued that its failure to make reasonable adjustments was trivial and unintentional, said: "The tribunal has agreed that the four minor acts of discrimination we were found to have committed were accidental. This judgement is a particular relief to those members of staff who were trying to help Juliet Gosling. We are pleased that the tribunal has rejected her demand that two of these staff members should be subjected to discipline."

Gosling said: "I am obviously disappointed that, four years on, the NUJ is still refusing to apologise or to take any responsibility for their failings." But the NUJ expressed its satisfaction at the tribunal's finding that it had been justified in not offering her an apology.


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