A Court of Appeal decision affirms that views of an OH doctor can be relevant evidence in a tribunal deciding whether there is a disability.
An employer’s response to a disability discrimination claim made extensive reference to an occupational health report prepared by an OH doctor.
The claimant was unhappy that after an employment judge had indicated there should be a joint medical expert report if disability was disputed after the claimant produced her evidence, later judges decided to proceed on existing evidence.
In Morton v Eastleigh Citizens Advice Bureau www.bailii.org/ew/cases/EWCA/Civ/2020/638.html the Court of Appeal rejected an appeal against refusal of a last minute application to adjourn the hearing on how far she had a disability. The court said among other things that employment judges are very capable of deciding disability issues ‘on the basis of the kind of evidence that was available in this case – that is, the evidence of the claimant, the GP notes and the contemporary evidence of an occupational health doctor…’.