Three 'Golden Rules' When Considering Whether An Employee Is Disabled

Last month, we looked at when employer might be deemed to have knowledge of an employee's disability, discussing (among other cases) the EAT's decision Gallop v Newport County Council. At that time we noted that the appeal had already been heard in the Court of Appeal but judgment had been reserved. 

The Court of Appeal has this week handed down its decision, urging caution to employers tempted to simply rely on an Occupational Health report to argue that they did not know (and could not reasonably have been expected to know) about an employee's disability. 

We look at the impact of this judgment, and consider three 'golden rules' for employers when seeking opinions on whether an employee is disabled.