While an occupational health report is a valuable source of information in managing a case of long-term absence or supporting a disabled employee, a recent case has highlighted the dangers of relying solely upon such a document to determine whether an employee is disabled.
In the case of Gallop v Newport City Council, the employee had been suffering from depression as a result of work-related stress. The employer obtained an occupational report, which stated that the employee did not fall within the legal definition of disability (as specified under the terms of the previous 1995 Disability Discrimination Act as it applied in terms of this case). Following receipt of this, the council dismissed the employee.
The employee raised claims of unfair dismissal and disability discrimination. He was successful in claiming unfair dismissal but both the original employment tribunal and the EAT did not find in favour of his claim of disability discrimination. In both situations, it was decided that the council had no knowledge of the employee’s disability in light of the occupational health report.
However, the Court of Appeal overturned the EAT’s decision. It stated that it is the employer’s responsibility to make a judgement on whether or not an employee is disabled rather than simply follow a medical opinion.
This is an important point because an employer’s obligation to make reasonable adjustments comes into force when it knows (or is reasonably expected to know) that the employee has a disability and is likely to suffer from a substantial disadvantage as a result. It can be particularly difficult to assess mental health conditions and whether they fall within the scope of the Equality Act so all companies should proceed with caution before dismissing anyone who has exhibited signs of depression or long-term stress.
