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Attendance management and Equality Act-

Sickness absence procedures are subject to the reasonable adjustment duty, as recently confirmed by the Court of Appeal. However other types of Equality Act claim can also apply.

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Diana Kloss distinguishes between mandatory health records where the retention period is set by regulations, and OH’s confidential clinical records relating to statutory health surveillance. One of the data protection principles in the General Data Protection Regulation which came into force on 25 May 2018 is

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The Court of Appeal has confirmed that employers who know of a disability can be liable for disability discrimination for imposing a disproportionate penalty for misconduct even without being aware of a link between the disability and misconduct. Diana Kloss suggests this

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