Rojgar Job News

I gave a talk last week on constructive knowledge of disability, i.e. the point where the employer didn’t actually know its employee was disabled, but is nonetheless held liable because on the facts it ought to have done. The question arises in relation to sections 20 and 15 Equality Act, the obligation to make reasonable adjustments and unjustified less favourable treatment on the grounds of something arising out of a disability. In both cases the employer is on the hook if it either knew or ought to have known that the employee was disabled. In fact, it is not quite so simple – the Equality and Human Rights Commission Code states that where it doesn’t know, an employer must do “all it can reasonably be expected to do” to find out, including proactively enquiring of the employee where there are signs that something is amiss. The EHRC Code gives the example of an employee in a call centre who sits at her desk crying. I think we have all been there, but sho...