Disability at work – a legal and practice update 07 December 2009, Central London

Programme

9.00	Registration and coffee
9.20	Welcome and introduction Dr John Ballard editor, Occupational Health [at Work]
9.30	Background and research on disability Dr John Ballard editor, Occupational Health [at Work] National statistics OH professional practice – findings from recent OH at Work surveys
	Legal Update
9.45	Disability law update - part 1 Chris Benson, Leigh Day & Co Who is covered under the Disability Discrimination Act? Meaning of disability – implications of SCA Packaging v Boyle Disability, unfair dismissal and medical retirement Direct v indirect discrimination Less favourable treatment – Malcolm v Lewisham LBC Deciding what adjustments are ‘reasonable’
10.35	Coffee
10.55	Disability law update – part 2 Diana Kloss, barrister Are disabled people entitled to enhanced sick pay? – The Meikle, Fowler and O’Hanlon cases Disclosure of medical conditions Knowledge of an impairment – does an employer know what OH knows? Medical opinion Lying about a health condition at pre-employment – Cheltenham Borough Council v Laird Health, safety and disability Dyslexia – Paterson v Commissioner of Police of the Metropolis Discrimination by association – Attridge Law v Coleman – implications for employers The Equality Bill
11.50	Disability law Q&A – ‘difficult issues’ Diana Kloss, barrister and Chris Benson, Leigh Day & Co Your chance to put your live and pre-submitted questions to our legal experts.
12.15	Lunch
	Mental Health
13.25	Mental health: recruitment and retention Bob Grove, Sainsbury Centre for Mental Health Fair and successful recruiting Ongoing support for employees Training managers Managing difficult issues – capability and attendance
14.15	Mental health: the role of OH Dr Anne Price, Hinchingbrooke Health Care NHS Trust Recognising common mental health conditions Providing support at work Return to work
15.00	Tea
	Disability Management
15.20	Dyslexia and work Nicola James, Lexxic – Adult Dyslexia Consultancy Defining dyslexia – strengths and difficulties Dyslexia and the law A ssessing dyslexia Reasonable adjustments OH support
16.05	Final questions
16.10	Close of conference

 

About the conference

Around three and a half million disabled people are currently in employment, and are protected by the Disability Discrimination Act (DDA).

Since the inception of the DDA in 1995, there have been two sets of amending legislation that strengthen the duties on employers to avoid both direct and indirect discrimination, and public bodies must now promote equality of opportunity for disabled people and eliminate unlawful discrimination and harassment. There is also increased protection for those who develop long-term mental health conditions.

It is the decisions of the courts, however, that govern just how the law should be determined and recent cases have extended protection against discrimination for the carers of disabled people, clarified the law on sick pay for people absent for a reason related to their disability and widened the definition of disability for people with recurring conditions. Cases such as Malcolm v Lewisham LBC, SCA Packaging v Boyle and the recent Cheltenham Borough Council v Laird each have important implications for employers. And with the Equality Bill expected to become law in 2010, employers will need to prepare for a new single system of discrimination legislation, with harmonised definitions and tests. They will need to be aware of the additional duties proposed by the government, and of the possible outlawing of pre-employment questions about disability.

How can employers ensure that they fulfil their DDA duties while meeting their legal obligations under health and safety law? These and other principles are discussed in depth by our two legal experts, Diana Kloss and Chris Benson – with a unique opportunity for delegates to raise ‘difficult issues’ in our Q&A session.

The conference features a special focus on mental health impairments, with expert contributions from Bob Grove from the Sainsbury Centre for Mental Health and consultant occupational physician Dr Anne Price on avoiding unjustified discrimination, promoting job retention and providing practical occupational health support.

The day closes with Nicola James, from Lexxic - Adult Dyslexia Consultancy, discussing reasonable adjustments and the support available for people whose dyslexia impacts on their work. This conference will provide delegates with an indispensable revision on the key legal and practice issues relating to the management of disability at work. You’ll come away with a detailed knowledge of how to comply with the law and achieve best practice in the important topics raised during the day.

This conference is designed for:

• occupational health professionals
• safety and health practitioners
• human resource managers
• case managers

The conference will be of great value to all professionals, consultants and advisers who are charged with the responsibility of managing pre-placement and ongoing fitness-for-work issues, attendance and disability at work.

How will attending this training day benefit you?

You will gain:

• In-depth management advice and guidance on managing disability at work
• A vital update on the key legal issues – you’ll be sure you know your legal obligations, and how to meet them
• An understanding of mental health impairments and dyslexia in the workplace

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