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Wilcox v Birmingham CAB Services Ltd - Employer's lack of knowledge of employee's disability [2011] EAT

An employer cannot be liable for any form of discrimination relating to disability if it was not, and could not reasonably have been, aware at the material time that the employee suffered from a disability.

Ms Wilcox worked for Birmingham CAB Services Ltd (the CAB) as a debt adviser. She was an experienced caseworker, and her contract was funded by the Legal Services Commission (LSC). Following a change in its contract with the LSC, CAB altered the contracts of its debt advisers by reducing their salaries and providing that they could be required to work at any of its bureaux. It is recorded that Ms Wilcox signed her new contract "under protest".

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