Knowledge (of disability)

In cases of direct discrimination, it is not necessary for the employer to know of an employee’s disability in order for a finding of disability discrimination to be made.

By contrast, in cases of indirect discrimination, it is necessary for the employer to know of an employee’s disability in order for a finding of disability discrimination to be made.

It is not necessary for an employer to have knowledge of a disability in order to show compliance with the duty to make reasonable adjustments to facilitate the accommodation of the employee’s disability (Callagan v Glasgow City Council [2001] IRLR 724). It is possible that an adjustment may not be a reasonable one that the employer would have been required to make even if he had known of the disability.