duty to make reasonable adjustments

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

A duty to make reasonable adjustments in respect of a disabled employee will not arise if the employer does not know, and could not reasonably be expected to know:

  • that the individual is disabled, or
  • that he or she is likely to be placed at a substantial disadvantage because of that disability

 (paragraph 20, schedule 8 of the Equality Act 2010).

The question which will often arise for employers, therefore, is how do you “know” whether an employee is disabled? Is the employee telling you he thinks he has a certain condition enough? Do you need a formal medical report or diagnosis? What questions do you need to ask?

Continue Reading How do you “know” if your employee is disabled?