On a claim for reasonable adjustments, confidential knowledge of OH was not attributed to the employer, but the employer’s ‘lack of knowledge’ defence failed because the information the employer did have should have led it to make enquiries.
An OH report following a pre-employment health questionnaire briefly suggested some adjustments but did not say what the claimant’s disabilities were.
When he started in the job, the claimant asked the employer what adjustments would be made following the pre-employment medical checks, and in emails he referred to ‘medical/disability aspects of the situation’. The tribunal found that he expected OH to pass on more information to the employer than the brief note.
In Q v L www.bailii.org/uk/cases/UKEAT/2019/0209_18_2307.html the Employment Appeal Tribunal (EAT) held that confidential knowledge of OH should not be attributed to the employer, since the claimant had not given consent to disclose.
However, the employer did have constructive knowledge of the claimant’s disabilities, since the information it had, including from the OH report, should have led the employer to make enquiries.
(A later Court of Appeal decision L v Q Ltd relates to publication of the Q v L decision: www.bailii.org/ew/cases/EWCA/Civ/2019/1417.html )