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.

Action Points

1. If you suspect an employee may be disabled it is important to get advice;
2. Whilst occupational health reports are helpful caution should be taken when relying on their content alone;
3. Seek advice on your legal obligations before dispute arise. 

Useful Links

Donelien v Liberata UK Limited – Court of Appeal 

Don’t forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006