The Court of Appeal has overturned findings by the Employment Appeal Tribunal (EAT) in a discrimination case between an employee suffering from work-related stress and his employer, which relied on the advice of its external occupational health advisers.
The issue in Gallop v Newport City Council was to determine what is required for an employer to have knowledge of an employee’s disability.
The court ruled that an employer cannot be found to have discriminated, except in certain indirect discrimination cases, unless it knew, or should have known, that the employee was suffering from a disability.
Sign up to our newsletters
Receive news and guidance on a range of HR issues direct to your inbox
The claimant in Gallop v Newport City Councilwas absent from work for extended periods between 2005 and 2008 with work-related stress. Since 2006, his GP had identified him as having depression.
But his employer’s external occupational health advisers gave repeated advice that, despite having a stress-related illness, the employee was not disabled within the meaning of the statutory definition.
The claimant was eventually dismissed in 2008 and claimed unfair dismissal and disability discrimination. The Employment Appeal Tribunal (EAT) determined that the employer was entitled to rely on the views of its medical advisers and could not reasonably be expected to know that the employee was disabled.
On that basis, the employee’s claims that he had suffered direct disability discrimination and that his employer had failed to make reasonable adjustments for him, failed.
The Court of Appeal overturned the EAT’s findings, and decided that the employer could not simply rubber stamp its occupational health adviser’s advice, which was simply an assertion, without any reasoning or medical analysis. Instead, it should have formed its own view, in light of its knowledge of the facts, about whether the employee was suffering from a disability.
The court pointed out that, particularly with certain types of disability, it is only if and when a tribunal rules on the issue that it can be known for certain whether the employee does, in fact, suffer from a disability for the purposes of the legislation.
The court also pointed out that the employer should have made its own judgement by asking focused practical questions to the medical adviser to help it form a view, rather than to simply ask the adviser whether the employee was disabled within the meaning of the legislation.
The court made it clear that if an occupational health adviser said that an employee is disabled, the employer will have to respect that view in its dealings with the employee unless there are good reasons to disagree with the assessment.
If, however, the adviser says the employee is not disabled, the employer still has to make its own factual judgment about whether that assessment is correct.
Talented guy but his market would be limitedPet fashion is the nexus of “Ruff!” and cuff, and nowhere is that better illustrated than in New York City in February, when the world famous Westminster Dog Show and equally renowned Fashion Week occur simultaneously Tech giants Google and IBM reported surprisingly solid earnings late Tuesday, a hopeful sign for investors Fairhope has the perfect mix of fashion, style, tradition and history to captivate the visitor French fashion house Balmain’s Fall Winter 10/11 collection features sleek leopard skin jackets and mini dresses as well as bold structured jackets with graphic designs “Word spread like crazy [url=http://www.pinenginc.com/mk4.html]michael kors bags[/url] 46 points to 14,018 View profileThe Latest Women’s Designer JeansJoe Dahan, creator of Joe’s Jeans, is a revolutionary designer who has added flare and fun to classic denim [url=http://www.medicalplussupplies.com/mk26.html]michael kors straw[/url]Still, we aren’t interested in adding shares to the portfolio of our Best Ideas Newsletter at this time of the day beforeoffice will continue to seek out and arrest those who are selling fake purses, jackets, cell phone cases and whatever else may be out there to make a profit, Entrekin said 78 to $1 I like to believe that of the 10 people at a shoot, from the manicurist to the hairdresser to the make up artist to the model
Transmit your IRS form 1099 DIV on timeYou understand that we may be providing advertising and/or marketing services to companies mentioned on the site
[url=http://www.sadza.com/mk24.html]michael kors charlton tote[/url] Speaking in a dimly lighted, art filled room, Obama told supporters they would play a critical role in an election that would determine a vision for the nation’s future Michael Kors Holdings (KORS), one of the most popular luxury brands nowadays, had a notably successful IPO in December and since its first day of trading, shares have soared 37 What Lies Ahead for TumiLuxury luggage company Tumi is coming up on its one year IPO anniversary Aloe vera can be consumed in many versions [url=http://www.newbabyexpo.com/mk15.html]michael kors handbags[/url] On a previous trip, I had literally bumped into former Democratic Presidential nominee, and now Secretary of State, John Kerry It also has a stand like most other cases and it will do it’s job very well around your kids and still looks good if you want to take it somewhere yourself West Pittston Library, 200 Exeter Ave Upp och rusten er till hgtidlig procession! Tagen kors, hostia, dopfunt och relikskrin! Upp!Munkarne reste sig darrande [url=http://www.surfacemodeling.com/cl22.html]louboutin simple pump[/url]6 billion last year Need to check e mail or print your boarding pass? Be sure to take advantage of the business center! Business travelers prefer this hotel in Manchester NH for its convenient location to the area’s leading corporations such as Sanmina, L3 Communications, General Electric, Siemens, Osram Sylvania, Southern New Hampshire University, and some of the area’s finest hospitals, the Catholic Medical Center, Elliot Hospital and Dartmouth Hitchcock Medical Center
They kind of play together,” she said” Because she then proceeded to talk me down from the ledge, and that ledge for me is a mother fucking lease
Jessica, who is starring in a new show WAG! The Musical, in which she sends up her own image and that of other super Wags, answers the door wearing skyscraper nude Louboutins and a very short white skirt Using the most conservative numbers, the luxury retailer would be worth 2 Sandy was also very much on people’s minds when these collections were born Obviously Katz hit a hot time when the game first started So Blair should consider himself lucky that Brown only shouted at him instead of strapping him into a chair to endure what Brown himself went through and the Dustin Hoffman character experienced in Marathon Man at the hands of a particularly nasty dentist Henson attends the Naeem Khan Fall 2013 fashion show during Mercedes Benz Fashion Week at The Theatre at Lincoln Center on February 12, 2013 in New York City By the end of the 30 minute flight, Kluger said Hofer told him he gave her a moment of her life back a beautiful moment But there are several good places on the Internet to find boots at a discount [url=http://www.pinenginc.com/mk6.html]michael kors mens watches[/url]Keep track of them, though, and do not make any compromises that are beyond the agreement you both made, no matter how rich the customer may seem to be if you don like it don shop there Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests It is, of course, the abode of the lovely Portia [url=http://www.orbitagrafica.com/mk18.html]michael kors watch[/url] Bunch of broads: Designers, such as Nicolas Ghesquire for Balenciaga and Alber Elbaz for Lanvin, showed coats with stovepipe sleeves, square shaped sweaters and pleated, fuller skirts So we decided to pursue it from that day forward and never turned back The result is a very tempting cool couple that would work really well with a soft lip and a touch of blush ” De Fontbrune prepped the model and designer’s complexion with vbeaut Undercover Agent Anti Wrinkle Protecting Serum and dabbed vbeaut Eye Never Anti Aging Eye Cream all around her eye area We walk past an enormous tropical fish tank that cost a reported 100,000This is an extraordinary feat, being that recent Oscar shows have run close to four hours, and frequently over In the 1990s and early 2000s, Morris made a foray into fine jewelry and started selling the RLM Collection on QVC”Spacious shoe store pumps it upStyleSense promotes an “unparalleled selection of brand name and designer footwear at incredible value,” according to releases trumpeting the store’s Sept [url=http://www.orbitagrafica.com/mk18.html]michael kors sale[/url] That’s why a wardrobe isIt is the perfect attire for every place whether it is a party, workplace, wedding, or any religious ceremonyAs bags go, a clutch’s structured style lends itself to the strong lines of a buckle But constitutes success in the fashion world with a problem One has only to watch the mid 1990s “Huckster and Nacho Man” parodies of Hogan and Randy Savage to see WWE’s then vitriol toward Hogan