Knowledge of the disability under EqA Relevance of knowledge, and key points An employer has a defence to the reasonable adjustment duty if it did not know, and could not reasona...
Constructive knowledge of a disability Diana Kloss discusses the decision in Q v L, a claim for reasonable adjustments. Confidential knowledge of OH was not attributed to the empl...
Disability: Is the employer treated as knowing what OH knows? The health professions are subject to ethical and legal rules on confidentiality. Does an employer have a defence to a claim for reasonable ...
Whether management deemed to know confidential OH information On a claim for reasonable adjustments, confidential knowledge of OH was not attributed to the employer, but the employer’s ‘lack...
Knowledge of disability: if enquiries would have made no difference An employer who failed to make reasonable enquiries as to whether the claimant had a disability was held not to have constructive knowledge ...
Knowledge of disability: reasoned OH report The EAT upheld a decision that the employer could not reasonably be expected to know of the disability, partly because there were reasoned O...
Disability-related reason need not be main reason for dismissal The EAT considered, under s.15 EqA (discrimination arising from disability), a case where there were also non-disability-related reasons for...
Constructive knowledge of disability if failure to refer to OH? An employer who had delayed investigating a grievance was held to have knowledge of the claimant’s disability, partly on the basis of ...
Employer’s knowledge of disability: Donelien decision upheld The Court of Appeal has upheld the EAT’s decision in Donelien v Liberata that on the facts the employer could not reasonably be expected to ...
Does the manager know what OH knows? This is a topic which has caused much debate over the years and where the law is still not clear. The problem in a nutshell is this: an em...
