Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Knowledge of disability
In Gallop v Newport City Council the EAT has upheld a Tribunal decision that an employee’s dismissal was not direct disability discrimination because the decision maker did not know that he was disabled. The knowledge of the employer’s occupational health department regarding the employee’s disability could not be imputed to the decision maker in the disciplinary process. This followed the guidance of the Court of Appeal in CLFIS (UK) Limited v Reynolds, where the EAT held that, when deciding whether direct discrimination has occurred, the Tribunal should focus on the thought processes and motivation of the decision maker and knowledge of disability could not be implied to the decision maker. The Tribunal has to decide whether the decision maker personally knew of, and was influenced by, the disability.
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