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Employment Law: Establishing disability
Is every medical condition a disability? And if an employee mentions a medical condition, does that mean the employer knew that the employee was disabled? Not necessarily, said the Employment Appeal Tribunal in Mutombo-Mpania v Angard Staffing Solutions. The employer supplied agency staff to Royal Mail. The employee had essential hypertension (high blood pressure) for which he took medication. However, in recruitment paperwork, the employee said that he did not have a disability and did not need adjustments. He worked late shifts at Royal Mail and had done some night shifts. When he was moved to night shifts, the employee wrote saying his ‘health condition’ prevented him working nights. After that, the employee failed to show up on four occasions in less than a month. He was then told he would not be given more work.
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