By Leeza Clark

A DISABLED Kelty woman has been awarded nearly £18,000 after settling a long employment case against Fife Council.

Yesterday Susan Archibald (38) equated the landmark case to running a marathon—but urged others in her position not to give up.

Earlier this year the mother of four won a landmark ruling from the House of Lords which strengthened the rights of disabled people by unanimously ruling that employers have a duty to make reasonable adjustments for them if they become unable to do their job because of their disability. That duty includes considering if it is reasonable to transfer the disabled employee to another vacant post.

The test case was taken to the Lords by the Disability Rights Commission on behalf of Mrs Archibald (pictured) who was dismissed as a road sweeper with the council three years ago. After the House of Lords decision, the case was sent back to the employment tribunal.

Mrs Archibald had worked as a road sweeper from 1997 until April 1999 when complications following surgery caused her severe pain in her heels which left her unable to work.

At first she used a wheelchair, later progressing on to sticks and it was obvious she could no longer perform her duties as a road sweeper. The council arranged for her to be re-trained and she had to carry out competitive interviews in line with the council’s redeployment policy.

However, Mrs Archibald applied unsuccessfully for more than 100 posts in different departments until her dismissal—on the grounds of capability—in March 2001.

She later successfully applied to Fife Council to become supervisor of Kelty community centre.

At that time the DRC’s head of Scottish legal affairs argued that this appointment showed Mrs Archibald to be capable of this level of job.

The Kelty woman claimed she had been discriminated against on the grounds of disability, arguing she should not have had to compete for alternative employment if she could perform the duties the post entailed.

However, an employment tribunal dismissed her complaint and an appeal was thrown out. The Court of Session upheld that decision but the House of Lords later ruled that these judgments had been wrong.

Yesterday Mrs Archibald said, “I would like to thank the Lords, the Disability Rights Commission and my union representatives for backing me as without them I had no voice.

“I am now able to put this behind me at last, knowing I have fought for justice for myself and all people that become disabled to be treated fairly and equally and I eagerly await to see the changes in employers’ policies.

“My message for anyone out there in the same position is don’t give up —shout louder. It’s been a bit like running a marathon but this is not the end for me, it’s just the beginning.”

The DRC’s Scottish director, Bob Benson, said, “We are delighted this case has been settled at last. The law has already been clarified by the law lords’ ruling but now Mrs Archibald has been compensated personally for the loss of her job and her rights as a disabled person have been upheld.”

Susan MacKessack, Fife Council’s litigation team leader, said, “In their findings the law lords … commended the council for the considerable lengths it went to in trying to find Mrs Archibald an alternative post.

“The law lords agreed that this was a test case on the interpretation of the law—they, therefore, did not award costs against Fife Council and remitted the matter back to an employment tribunal. However, Fife Council has made a voluntary settlement to Mrs Archibald in order to bring the matter to a conclusion.”