Will an employer be expected to know an employee is disabled if the occupational health report says otherwise?
In this episode of the podcast I cover a case from the Court of Appeal which has dealt with this question and the broader issue of an employer’s constructive knowledge of disability and when this triggers the requirement to make reasonable adjustments.
The case is Donelien v Liberata UK Limited
In this episode I will cover:
- The facts of the case;
- Background to the relevant discrimination legislation;
- The relevance of the case given the fact that it was decided under the Disability Discrimination Act;
- The decision of the Court of Appeal;
- Why it is important for employers to obtain as much information as they can about an employees condition before making decisions about reasonable adjustments and/or dismissal.
- If you suspect an employee may be disabled it is important to get advice;
- Whilst occupational health reports are helpful caution should be taken when relying on their content alone;
- Seek advice on your legal obligations before dispute arise.
Please do not worry we will not send you spam!
We only use your email address for the purpose of sending you our fortnightly newsletter.
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh