Opinion that employee not disabled under Equality Act does not give employer defence for not making reasonable adjustments
By Alison Downie
In the recent case of Gallop v Newport City Council (2013 EWCA), the Court of Appeal decided that an employer cannot simply rely on their Occupational Health adviser’s opinion that an employee is not disabled under the discrimination legislation to avoid liability to make reasonable adjustments.
Under the Equality Act 2010, employers have a duty to make reasonable adjustments for disabled employees. However, this duty only arises where the employer knows or is reasonably expected to know that the employee is suffering from a qualifying disability.
So liability requires knowledge of such disability on the part of the employer. The employer’s knowledge can be actual or constructive, meaning that knowledge will be presumed by law if it is or would have been obtainable by the exercise of reasonable care…
Click on the link below to read the rest of the Goodman Derrick briefing.
News from Goodman Derrick
Briefings from Goodman Derrick
The Court of Appeal delivers an important decision in the turbulent area of relief from sanctions for non-compliance with court rules or orders.
The Inheritance and Trustees’ Power Bill received royal assent on 14 May to become the Inheritance and Trustees’ Power Act 2014.
Analysis from The Lawyer
Active financial management is vital, but with firms looking more closely at the process of debt and fee collection, the personal touch still counts
The lure of the law can kick in at any stage of life. We speak to four individuals who have made a radical switch to a legal career