Knowledge of a disability

Case 11: The facts

When housing worker Mr Jama was dismissed because of his poor timekeeping and high levels of sickness absence, he claimed disability discrimination. He had informed his employer that he suffered from post-traumatic stress disorder (PTSD), but had failed to provide a report from his psychotherapist to confirm this. He had been referred to occupational health a number of times but had not attended the appointments; when he had eventually seen an occupational health doctor, she had said he seemed fit for normal duties. He had also given false reasons for his absence and lateness.

The ruling

The Employment Appeal Tribunal (EAT) said the tribunal had been entitled to conclude that there was no disability discrimination because the employer had been unaware of Jama’s disability.

Although he had mentioned that he was receiving treatment for PTSD, Jama had not produced any evidence to support this, and his sickness absences were generally described as being caused by physical complaints. The other symptoms (such as headaches and poor concentration) that he had complained of were not necessarily due to PTSD.

An employer who is told that an employee may be suffering from an illness is not entitled to sit back and do nothing, the EAT said, but in this case the employer had attempted to make enquiries about the problem on a number of occasions.

Jama v Alcohol Recovery Project UKEAT/0602/06