Diana Kloss discusses the decision in Q v L, a claim for reasonable adjustments. Confidential knowledge of OH was not attributed to the employer, but the employer’s ‘lack of knowledge’ defence failed nevertheless.
In order for an employer to be held liable under the Equality Act for most forms of disability discrimination, including the reasonable adjustment duty, a worker must prove either that the employer knew of his or her disability or ought reasonably to have known of it (constructive knowledge).
OH professionals have a duty of confidentiality which is imposed both by the law and their professional ethics. Therefore, where a job applicant or employee has confided a health condition, OH should not reveal it to management without that person’s consent, save in exceptional circumstances. The court in Q v L considered whether the employer could be deemed to know information confided in OH but not revealed to management.
Read the full blog: Constructive knowledge of a disability.