The extent of an employee’s disclosure to his employer regarding disability issues
The Employment Appeal Tribunal (EAT), in the case of Cox v Essex County Fire and Rescue Service (ECFRS), has upheld a decision that even though Mr Cox told his employer that he was suffering from bipolar disorder, because ECFRS asked for a definitive doctor’s diagnosis, which Mr Cox withheld, ECFRS was not reasonably expected to know (from a legal perspective) that Mr Cox was disabled.
As a result, ECFRS did not have to make any reasonable disability adjustments for Mr Cox and his claims for disability discrimination, as well as unfair and wrongful dismissal, failed. An employer is only under a legal duty to make reasonable adjustments for an employee if it either knows or can be reasonably expected to know of the disability in question. Previous cases have shown that this threshold would be met when an employer receives a doctor’s report about the disability.
In this case, Mr Cox told ECFRS in a pre-medical questionnaire that he was taking antidepressants for mild depression, but had answered ‘no’ to the question ‘do you have any health condition or disability that affects your ability to carry out normal day-to-day activities?’ …
If you are registered and logged in to the site, click on the link below to read the rest of the Winckworth Sherwood 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 Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
Negotiating the settlement of a dispute is rarely straightforward.
This briefing, which has been written by Winckworth Sherwood’s family law experts, provides an overview of the procedure involved.