Disability – What Do You Know?

The Court of Appeal has handed down its decision in Donelien v. Liberata UK Ltd (see here) and provided reassurance to employers that they can rely on occupation health advisers in deciding the question of disability. However, this is subject to employers making their own enquiries also.

Facts

Liberata employed Ms Donelien for nearly 11 years as a court officer until it dismissed her without notice for three separate, but interrelated, matters to do with her attendance at work. In the last year of her employment she was absent for 128 days for various reasons, ranging from stress to head colds. Liberata referred Ms Donelien to its occupational health service (Occupational Health). Liberata asked several relevant questions in its referral. Ms Donelien met with Occupational Health and it provided its report to Liberata. Occupational Health decided that Ms Donelien was not disabled, but did not answer all of Liberata's questions. A second report provided in response