ET Rules 50(3) and 67
In the absence of wider written consent to disclosure of his medical information, the Employment Tribunal erred in holding that the Respondent was fixed from the outset with knowledge of one of the disabilities the Claimant had disclosed to occupational health. On the facts found by them the Employment Tribunal did not err in concluding that the relevant manager should have made further enquiries about the Claimant’s medical condition and sought his consent to the release of information about his disability which was given in his pre-employment interview with occupational health.
The Employment Tribunal failed to consider adequately or at all whether the adjustments in respect of which a claim was made were reasonable balancing any substantial disadvantage suffered by a person with the Claimant’s disability with the reasonable needs of the Respondent. The claim in relation to reasonable adjustments is remitted for decision to a differently constituted Tribunal.
The Order that the decision of the Employment Tribunal not be entered on the Register is set aside.
Citations:
[2019] UKEAT 0209 – 18 – 2307
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 November 2022; Ref: scu.650889
