Addleshaw Goddard

UK 200 2014 position: 22

Disability discrimination: employer’s knowledge of disabled status

The Court of Appeal has confirmed that employers must make their own factual judgments on whether employees are disabled for the purposes of discrimination legislation. Merely ‘rubber stamping’ the opinion of medical or occupational health advisers will not be sufficient to deny knowledge of an employee’s disability.

Employers have a positive duty to make reasonable adjustments in the workplace for disabled employees. That duty is triggered where the employer knows, or ought reasonably to know, that an employee is disabled and likely to be placed at a substantial disadvantage (in comparison with a non-disabled person) because of their disability. The claims in this case were brought under the Disability Discrimination Act 1995 (DDA). However, the matters addressed are equally relevant to claims brought under the Equality Act 2010.

The claimant worked for Newport City Council and began suffering from a stress-related condition in August 2005. Between August 2005 and January 2008, the claimant was off sick for lengthy periods of time, intermittently returning to work for short periods of time. During this period, the claimant was referred to the respondent’s occupational health adviser (OH) for an assessment. The OH reported that the claimant had stress-related symptoms, which were work related, but that he showed no signed of clinical depression…

If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Addleshaw Goddard

View more briefings from Addleshaw Goddard

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Milton Gate
60 Chiswell Street
London
EC1Y 4AG
UK
http://www.addleshawgoddard.com

Turnover (£m): 171.35
No. of lawyers: 598

Jobs