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Section 15 EqA 2010 requires knowledge of incapacity but you will need to note that though an worker won’t expressly disclose their incapacity, it is likely to be difficult for an employer to argue that they may not fairly have expected to find out about it. Employers will likely be expected to do all they reasonably can to seek out out if a employee has a incapacity. Though CHADD Ltd didn’t know concerning the Claimant’s disability at the time of the dismissal, the EAT held that it might have had acquired actual or constructive information of it earlier than the rejection of her appeal, and the rejection of the enchantment formed part of the unfavourable

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