Programme
- Day 1
-
Wednesday 17 September 2025
- 9.55
-
Registration
- 10.00
-
Introduction to OH law and the criminal law of health and safety
Prof Diana Kloss, barrister- Legislation and common law
- Criminal law and civil law
- European law and Brexit
- Ethics of the health professions
- Criminal law of health and safety
- Health and Safety at Work Act 1974
- Management of Health and Safety at Work Regulations 1999
- Risk assessments
- Statutory health surveillance
- Mental health at work
- Liability of employers
- Liability of OH professionals
- 13.00
-
Lunch
- 14.00
-
Discrimination law: key concepts and legislation
Audrey Ludwig, Audrey Ludwig Training and Consulting Limited
- Equality Act 2010
- Protected characteristics (principally age, sex, pregnancy and maternity, race, gender reassignment, religion or belief)
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
- 16.15
-
Law in practice discussions
- 16.45
-
Close of day
- Day 2
-
Thursday 18 September 2025
- 08.55
-
Registration
- 09.00
-
Consent, confidentiality and data protection in OH
Prof Diana Kloss, barrister- The common law and the Human Rights Act
- Principles of ethics relating to confidentiality, including the FOM guidance (2018) and GMC guidance on Confidentiality (2019) and Consent (2020)
- Reporting to management: informed consent
- Disclosure in the public interest
- Data protection principles: GDPR and Data Protection Act 2018
- Lawful basis for data processing
- Access to Medical Reports Act 1988 and Access to Health Records Act 1990
- The rights of the data subject
- The right of subject access
- 11.45
-
Law in practice discussions
- 12.15
-
Lunch
- 13.15
-
Disability discrimination
Emily Yeardley, Couchman Hanson Solicitors- The definition of disability: Equality Act 2010
- Pre-employment screening
- The employer’s knowledge of disability (actual and constructive knowledge)
- The duty of reasonable adjustment
- Section 15 Equality Act: disability related discrimination
- Flexible working
- 16.00
-
Law in practice discussions
- 16.45
-
Close of day
- Day 3
-
Friday 19 September 2025
- 08.55
-
Registration
- 09.00
-
Employment law and fitness for work
Prof Diana Kloss, barrister- The definition of employee/worker/self-employed
- Zero hours contracts
- Termination of employment
- Unfair dismissal
- Whistleblowing
- The duty of care of employers and OH practitioners
- Vicarious liability
- 12.00
-
Law in practice discussions
- 12.45
-
Course assignment
- 13.05
-
Lunch
- 14.00
-
Employment tribunals
Rebecca Tuck KC, Old Square Chambers
- Protecting yourself: keeping notes
- Requests for confidential medical records when tribunal proceedings are contemplated
- Legal professional privilege: criminal and civil law
- Discussions with solicitors and preparing a statement for legal proceedings
- What tribunals like to see – and don’t like to see – in OH reports
- Tribunal procedure in outline: limitation periods and referral to ACAS
- Giving evidence
- Out of court settlements
- 16.20
-
Legal Q&A
- 16.40
-
End of course
Benefits of attending
You will gain:
- A comprehensive knowledge of key occupational health legal issues, from medical confidentiality and consent to disability discrimination, employment law and fitness for work
- Insight into the liabilities of the employer and OH professionals in criminal and civil law
- Advice on best practice and avoiding cases reaching an employment tribunal
- Guidance on tribunal legal procedure
- An understanding of how to apply the law to different workplace scenarios and put it into context
Assignment and certification
There are two forms of assessment, as follows:
- During the course, at the end of each module, students will provide written answers to questions relating to that particular module.
- In the three months following the course, students will undertake a written assignment, demonstrating their understanding of occupational health law and their ability to apply it in a given workplace scenario.
Students who successfully complete the above will be awarded the Practical OH Law Certificate.
About Our Expert Tutors
Course Director: Prof Diana Kloss MBE is a barrister, former employment judge and honorary senior lecturer in OH law at the University of Manchester. Diana is an honorary fellow of the Faculty of Occupational Medicine, and ACAS arbitrator. Diana is honorary president of the Council for Work and Health and in 2011 became a visiting professor at London South Bank University. Her publications include Occupational Health Law (Wiley Blackwell, 2020), and she jointly edited Discrimination Law and OH Practice (The At Work Partnership, 2010). She writes a regular column for The At Work Partnership’s journal Occupational Health [at Work].
Audrey Ludwig is a qualified solicitor and practiced solely on all aspects of equality law for 18 years. Audrey founded the Suffolk Law Centre, providing free and legally aided legal services to people who cannot afford private practice and still volunteers there. She now runs Audrey Ludwig Training and Consulting Ltd, focusing on equality law compliance for a variety of organisations, and writes and comments on equality law issues.
Emily Yeardley is a solicitor and is head of employment law at Couchman Hanson Solicitors. She advises employers and employees on all aspects of employment law and represents clients in Employment Tribunal proceedings on claims ranging from unfair dismissal to disability discrimination. Emily has a particular interest in advising on ill health and disability in the workplace and provides training and legal updates for OH and HR professionals and businesses, and writes legal case notes for The At Work Partnership’s journal Occupational Health [at Work].
Rebecca Tuck KC is an employment and discrimination law specialist and an experienced fee paid employment judge. She appears regularly in the Employment Tribunal, EAT, High Court and appellate courts. She has particular expertise in industrial relations, acting in injunction proceedings when industrial action is proposed. She is also frequently instructed outside the litigation process, as an investigator, advisor, mediator or to determine grievance or disciplinary issues.
About Brunel University London
This qualification is organised by The At Work Partnership with the support of Brunel University London.
Brunel University London’s College of Health, Medicine and Life Sciences runs the NMC accredited Specialist Community Public Health Nursing (SCPHN) for entry on Part 3 of the NMC register for three pathways namely OH, Health Visiting and School Nursing. Part 3 registration is sought by many OH employers. The College prides itself on delivering high quality professional and public health education in line with the University’s mission “to bring benefit to society through excellence in education, research and knowledge transfer”. Find out more about Brunel Univeristy London here: PGDip and MSc
