Jane Cordell, whose case is supported by the Equalities and Human Rights Commission, was appointed as Britain's deputy ambassador to Kazakhstan in October 2009. Jane is profoundly deaf, and is assisted in her work by "lipspeakers" - individuals who repeat a speaker’s message accurately, without using their voice. Jane’s appointment was revoked after the FCO said that her deafness made it too expensive to send her to Kazakhstan. Jane was told that the cost of providing lipspeakers was not reasonable and could not be justified.
Jane has worked in other overseas postings where lipspeakers were provided, with great success – her work championing disability rights during a diplomatic role in Poland was lauded.
Jane brought a disability discrimination claim against the FCO. This claim was dismissed by the Employment Tribunal in October 2010, and the Employment Appeal Tribunal will hear Jane’s appeal on 16th June 2011.
The Employment Tribunal decided that diplomats receiving the continuity of education allowance (“CEA”), which gives diplomats posted overseas a sum of money towards school fees, was not a relevant comparison in Jane’s case. CEA is not subject to any threshold limit, only a ceiling of £25,000. On the other hand, reasonable adjustments are subject to a £10,000 threshold limit, above which the costs are scrutinised.
The Employment Appeal Tribunal is being asked to decide two issues:
(1) whether the tribunal used the correct comparator, and in particular whether the tribunal was right to reject comparators in receipt of CEA; and,
(2) whether the tribunal were correct to hold that the cost of the lipspeakers were not reasonable.
A decision is expected from the Employment Appeal Tribunal in the next couple of months.
For more information please contact Chris Benson or Michael Newman on 020 7650 1200.
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