Discrimination Claims

[Rks2020]

Hi all,
I have a question please.
Can an employer act out /impose a detriment to an employee at 1st count and as they can claim they were not aware of said employee to have any disability at the time, the employee cannot bring about a claim in ET. The respondant can argue that at the time of the incidence the employee had no disabilities. ?
If this is true it's impossible to ever take employer to ET and win your case ?

Thanks

[ULA]

A claimant would have to prove that the respondent was aware of or could reasonably have been expected to know that the person had a disability, as set out in the Equality Acr 2010.

[Rks2020]

Hi ,
Ok so in essance then ,if the claimant at the time of the incident had no disability , but as a result of the detriment then going forward evloved into a disability the claimant could not have any claim against the employer for the 1st incident even though there is a causal link between the two ?
Which does mean if I'm correct in thinking, employer gets away with any detrimental action towards an employee where either the employee had no such disability at the time or the employer had no such knowledge if the employee was disabled.?

Thanks

[ULA]

You would have to prove, via medial reports the causation between the detriment and the onset of a disability. In any event this would all depend on what it is you are trying to claim, for which you have given no details.

If it relates back to your previous thread https://legalbeagles.info/forums/for...grievance-case then it would have been more helpful for you to have continued using that thread for relevant information that those of us advising could refer to.