Watch out if... You Rely on Occupational Health Advice to Decide Whether an Employee is Disabled

    View Authors December 2013
    Many employers rely on the advice of occupational health advisers when trying to determine whether an employee is disabled for the purposes of the Equality Act 2010.  This approach is sensible and reflects good practice, but the Court of Appeal in Gallop v Newport City Council has made it clear that employers should not rely unquestioningly on such advice, especially if the opinion of the medical adviser is that the employee is not disabled.  After all, it is employers that remain responsible for making the factual judgment as to whether an employee is disabled for the purposes of the legislation.