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Employers considering whether or not employee is disabled must not "rubber stamp" occupational health report

This report relates to 1 case(s)

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    Gallop v Newport City Council [2014] IRLR 211 CA (0 other reports)

Gallop v Newport City Council [2013] EWCA Civ 1583 CA

disability discrimination | knowledge of disability | occupational health report

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.