How does an employer know if its employee is disabled?
The Employment Appeal Tribunal (EAT) has held that an employee’s self-diagnosis is not necessarily conclusive and that the absence of a definitive medical diagnosis in circumstances where the employee had withdrawn consent for the release of medical information meant that the employer did not know, and could not have reasonably been expected to know, that the employee was disabled (Cox v Essex County Fire and Rescue Service).
Mr Cox was employed by the Essex County Fire and Rescue Service as deputy finance director. In September 2008, Mr Cox suffered an accident and subsequently brought a personal injury claim.
In May 2009, the fire service raised concerns about Mr Cox’s ability to do his job. Mr Cox told the head of HR that he had severe depression and referred to the accident at work. Over the following months Mr Cox’s behaviour became increasingly inappropriate and aggressive. In August 2009 the fire service referred him to occupational health. The occupational health report did not consider that Mr Cox had a disability…
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
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
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
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.
News from The Lawyer
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?