Gallop v Newport City Council  IRLR 211 CA
Reports relating to this case:
Disability discrimination: Employer must form its own judgment as to whether or not statutory definition of disability is met
- 10 April 2014
In Gallop v Newport City Council  IRLR 211 CA, the Court of Appeal held that, in deciding if an employer knew that an employee was disabled, the issue is whether or not the employer knew of the facts constituting the employee's disability. The employer could not rely on an unreasoned opinion in an occupational health report that merely stated that the employee was not disabled within the meaning of the Equality Act 2010.
Employers considering whether or not employee is disabled must not "rubber stamp" occupational health report
- 13 December 2013
The Court of Appeal has held that, while an occupational health report can assist employers in deciding whether or not an employee is disabled, it is up to the employer itself to make the final judgment as to whether or not the employee is covered by disability discrimination legislation. Employers must not simply "rubber stamp" the medical adviser's opinion.