An employer who had delayed investigating a grievance was held to have knowledge of the claimant’s disability, partly on the basis of what OH would have reported.

An employee off work with depression had raised a grievance. A report in July 2012 by the outgoing head of HR upheld the grievance, but the report was seen as unsatisfactory. Investigation began anew when a new head of HR started.

OH reported on her medical condition in November 2012. However the EAT said the employer should be treated as knowing that she had a disability within the Equality Act (PTSD and reactive depression) from July 2012. This was partly because an OH report in July (had one been requested) would likely have reported that her reactive depression could well last 12 months from when it started, so as to be a disability.

The EAT went on to hold the employer had failed to make reasonable adjustments by not resolving the grievance promptly in July 2012.

The case is Lamb v Garrard Academy www.bailii.org/uk/cases/UKEAT/2018/0042_18_1411.html

More: Knowledge of the disability under EqA>Constructive knowledge if failure to refer to OH?