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...
Test on recruitment: failure to make adjustment for Asperger’s A job applicant with Asperger’s Syndrome did not pass a situational strengths test and so was not put through to the next stage, a Sky...
Redeployment Summary Redeployment of a disabled person may be required as a reasonable adjustment under Equality Act 2010. Also dismissal may not be just...
Reasonable adjustments: parking space recommended by OH The EAT said that if an employer had a policy to make a particular adjustment, considerable weight would be attached to this in deciding whe...
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 ...
Inability to return to workplace that caused the depression The claimant saw her current workplace as having caused her mental health condition, and felt unable to return there. The reasonable adjustm...
OH practitioner liability under EqA Summary This page looks at how far OH practitioners may be personally liable under the Equality Act 2010 (EqA), where there is a breach of t...
Examples of reasonable adjustments In the Code of Practice The former Disability Discrimination Act 1995 (DDA) incorporated a non-exhaustive list of possible adjustments in th...
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 ...
Dismissal where depression due to difficulties with colleagues at work The EAT largely upheld a tribunal decision that (on the facts) a college was entitled to dismiss a lecturer who had been off work with a dep...
