Analysis and commentary by Reed Smith attorneys on developments in employment and labor law
This post was written by David Ashmore and Amy Treppass.
In Metroline Travel v Stoute, the Employment Appeal Tribunal (“EAT”) decided that employees with type 2 diabetes controlled by diet (rather than medication) are not automatically protected by disability discrimination legislation.
The Facts
Mr Stoute was employed by Metroline and worked for them as…
Last month, we looked at when employer might be deemed to have knowledge of an employee’s disability, discussing (among other cases) the EAT’s decision Gallop v Newport County Council. At that time we noted that the appeal had already been heard in the Court of Appeal but judgment had been reserved.
The Court of Appeal has this week handed down its decision, urging caution to employers tempted to simply rely on an Occupational Health report to argue that they did not know (and could not reasonably have been expected to know) about an employee’s disability.
We look at the impact of this judgment, and consider three ‘golden rules’ for employers when seeking opinions on whether an employee is disabled.Continue Reading Three ‘golden rules’ when considering whether an employee is disabled
