No automatic constructive knowledge of disability because of failure to make reasonable enquiries (A Ltd v Z)

Table of contents

• What are the practical implications of this decision?
• What is the relevant background?
• Relevant law
• Background facts
• Decision of the employment tribunal
• What did the EAT decide?
• Court details

Article summary

Employment analysis: An employer who fails to make reasonable enquiries about an employee’s mental and physical health problems will only be deemed to have constructive knowledge of the employee’s disability if those enquiries would have led it to reasonably know of the disability. For example, if on questioning the likelihood is that the claimant would have continued to have concealed their disability, then, despite its failure, the employer should not be deemed to have constructive knowledge of the disability, according to the EAT.