Decision time: employer couldn’t rely on occupational health’s view of disability
The issue in Gallop v Newport City Council was ‘what is required for an employer to have knowledge of an employee’s disability?’ An employer cannot be found to have discriminated (except in certain indirect discrimination cases) unless it knew (or should have known) that the employee was suffering from a disability.
The employee was off work for extended periods between 2005 and 2008 with work-related stress; his GP had since 2006 identified him as having depression. But the employer’s external occupational health advisers gave repeated advice that, despite having a stress-related illness, the employee was not disabled within the meaning of the statutory definition.
The claimant was eventually dismissed in 2008 and claimed unfair dismissal and disability discrimination. The tribunal and EAT both decided that the employer was entitled to rely on the views of its medical advisers and could not reasonably be expected to know that the employee was disabled. On that basis, his claims that he had suffered direct disability discrimination and that the council had failed to make reasonable adjustments for him failed…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
News from Hogan Lovells
Briefings from Hogan Lovells
Those who have had any involvement with Telephone Consumer Protection Act (TCPA) litigation in the last year will be unsurprised to learn that TCPA lawsuits are on the rise.
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
Analysis from The Lawyer
When a firm shouts loudly about a landmark merger, as SJ Berwin did when it joined forces with King & Wood Mallesons, departures are always likely to come under the spotlight.
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies