You will recall us reporting on the case of Gallot –v- Newport City Council, where an employer had “rubber-stamped” an unreasonable occupational health assessment on the question of the disability of one of their employees without questioning it, or addressing their mind to it sufficiently, and going on to a decision that the employee was not disabled.

In the case of Donelien –v- Liberata UK, a similar question arose as to whether an employer should have known that an employee is disabled when medical evidence wrongly stated that the employee was not disabled.  The case was in respect of the failure to make reasonable adjustments.

The Tribunal found that despite medical reports to the contrary that the employee was disabled and met the required definition, the employers should have made reasonable adjustments.

The employer appealed and argued that they did not know and could not reasonably be expected to have known.  On the facts of this particular case, the Court of Appeal agreed because this employer not only had occupational health advice but based their decision on return to work meetings they had held with the employee, and also letters from his GP, rather than relying simply on an occupational health opinion.

It is therefore advisable to always be cautious when receiving occupational health advice and seek additional reports where necessary.  This provides uncertainty for employers, but it comes down to the necessity of always addressing your mind rather than just going through the necessary steps without looking at the facts and information you have and investigating further.  Keeping a paper trail of why certain decisions were made at each particular step will also help.  Just going through the motions without questioning advice will no longer be acceptable.

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Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
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