The recent case of Donelien v Liberata UK Ltd confirms that employers must demonstrate they have taken ‘reasonable steps’ to establish whether they consider an employee is disabled.
This means that it is not necessary to explore every conceivable avenue to avoid having constructive knowledge of disability. However, the case emphasises that it will not suffice to simply accept a medical professional’s opinion without more information.
In this case, the Claimant was dismissed after a high number of short term absences and failure to comply with the employer’s sickness absence process. The Claimant had been uncooperative throughout. She argued that that employer had failed to make reasonable adjustments.