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Disability discrimination: Employer must form its own judgment as to whether or not statutory definition of disability is met

This report relates to 1 case(s)

In Gallop v Newport City Council [2014] IRLR 211 CA, the Court of Appeal held that, in deciding if an employer knew that an employee was diabled, 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.