Diana Kloss reviews this thorny area in her most recent blog post.
This is a topic which has caused much debate over the years. The problem in a nutshell is this: an employee referred by a manager to OH tells a nurse or physician that they have a health condition that is automatically a disability under the Equality Act (cancer, HIV infection or multiple sclerosis) or is likely to be such because it is a physical or mental impairment which is long term and substantially impairs normal day to day activities. Is the manager deemed to have this information even if the OH nurse or doctor does not disclose it to him?
A recent case has clarified the position on direct discrimination. But what of the duty to make reasonable adjustments? You can read Diana’s blog at Does the manager know what OH knows?