Dealing with disabled employees — recent trends

By Antonia Blackwell

Recent decisions of the Employment Appeal Tribunal have highlighted a couple of key themes that employers would be well advised to consider when dealing with their disabled employees.

Certain types of alleged discrimination cannot occur unless the employer knows (or should know) about the employee’s disability. In particular, there will be no discrimination arising from disability or a failure to make reasonable adjustments if the employer can show that it did not know, and could not reasonably have been expected to know, that the employee was disabled within the meaning of the Equality Act 2010.

Nevertheless, it can be difficult for an employer to argue that they could not reasonably have expected to know about an employee’s disability, as recently highlighted in the case of McCubbin v Perth & Kinross Council

Click on the link below to read the rest of the Shoosmiths briefing.

Briefings from Shoosmiths

View more briefings from Shoosmiths

Analysis from The Lawyer

  • Hester: declined bonus worth almost £1m

    Pay checks

    Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future

  • high street 150

    Focus: Alternative business structures - Law and new order

    There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…


2 Colmore Square
38 Colmore Circus Queensway
B4 6BJ

Turnover (£m): 87.00
No. of Lawyers: 373