What if the employer does not know about the disability?

An employer who does not know, and cannot reasonably be expected to know, about the disability will not be liable for disability discrimination or failure to make reasonable adjustments. However, an employer cannot escape liability for disability discrimination by relying on advice on an external third party, such as an occupational health provider that an employee is not disabled (Gallop v Newport City Council [2013] EWCA Civ 1583) or by shutting their eyes to the obvious (Equality and Human Rights Commission Code of Practice). It is the employer’s responsibility to judge, with the help of advice from medical experts, whether an employee is disabled (see further page 152).