I represented an employee with a Type 2 Diabetes in a complex claim against her former employer, London Borough of Camden.
The case is a good example of how employers should take extra care when dealing with employees with serious medical conditions which can be disabilities under the Equality Act. In this case, the employer failed to properly consider available medical evidence which confirmed that the sickness absences were connected with the disability.
Costs were awarded against Camden because it denied the fact of the employee’s disability even though several Occupational Health Reports made it clear that the employee was disabled. The case is an example of how defending points without proper thought can be counter-productive.