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.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Welcome to the latest edition of Addleshaw Goddard’s Employee Incentives Update, which contains a round-up of key developments in this area during August 2014.
Zero-hours contracts: new consultation on tackling avoidance of forthcoming ban on exclusivity clauses
The government has published a new consultation seeking views on avoidance of the forthcoming ban on exclusivity clauses in zero-hours contracts.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.