Page 28 - BOSS Today Issue 21

HR

DOCTORS’

ORDERS

Medical advice should never be
confused with legal advice...

n employer’s duty to make stress. Following the result of
Areasonable adjustments an OH Report, which stated
for a disabled employee only that his medical condition did
arises where the employer not meet the legal definition
knows, or is reasonably of a disability, Mr Gallop was
expected to know, that the dismissed from the company
relevant employee is suffering in 2008.
from a disability, and so as a Initially, his resulting claim
result is likely to be placed at a for unfair dismissal was
substantial disadvantage. unsuccessful, with his claim Conclusion therefore document their
However, establishing such for disability discrimination This case makes it clear that engagement with any medical
knowledge on the part of failing both at the tribunal employers must think for evidence and not necessarily
the employer is not always a and on appeal, since on both themselves. Whilst making use take it at face value. Should a
clear cut exercise. A question occasions it was decided that of medical reports, employers disability discrimination claim
posed recently to the Court the employer could rely on the must take a proactive role in be lodged subsequently,
of Appeal (CA) in the case of OH Report’s conclusion that reviewing medical evidence. such comment may prove
Gallop v Newport City Council Mr Gallop was not disabled. In particular, it should be invaluable to the employer
concerned whether or not an However, on reaching the Court remembered that medical in demonstrating that it did
employer could rely solely on of Appeal, the decision was experts are not legal experts: it is more than merely approve the
an Occupational Health (OH) overturned. The CA confirmed not for them to decide whether report. And if it is still not sure
Report in deciding whether an that although an employer or not someone is disabled in about whether an employee
employee is disabled. should properly seek guidance law, and therefore employers is disabled, advice should be
Considering whether an from medical experts, it is should be careful about relying sought from employment law
employee is disabled can be ultimately for the employer solely on their pronouncements. specialists.
difficult, particularly when itself to decide whether or not Medical evidence is there only
dealing with mental illnesses. an employee is disabled. The for the employer to inform itself n FOR FURTHER
In this instance, Mr Gallop Court found that the simple as to the extent and nature of INFORMATION CONTACT
was suffering from depression ‘rubber stamping’ of such the employee’s condition. THE BOSS HR TEAM ON
brought on by work-related reports was inadequate. All HR managers should 0845 450 1565

28 BOSS TODAY | February/March 2014

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