In this case the occupational health adviser had stated that the employee, who had been signed off work for depression caused by work-related stress, was not “covered” by the disability discrimination legislation. The employer argued that because of this OH statement, it could not have known that the employee was in fact disabled. The employer therefore believed that this was sufficient to avoid the obligation to make reasonable adjustments as required by disability legislation. However, the Court of Appeal said that the employer should have gone further. While occupational health assessments or other medical advice may be helpful, a responsible employer must ultimately apply its own mind to the test for deciding whether an employee is disabled under the discrimination legislation. (Gallop v Newport City Council [2013] EWCA Civ 1583)