Legal News

The EAT held the tribunal wrongly focused on whether an exception for the individual was justified, in an indirect discrimination claim. The employer’s bus drivers were required to work five out of seven days each week, which could include Fridays and Saturdays. The employer said it designed rotas to share duties fairly and to give... Read more »
Diana Kloss’s latest blog looks at new FOM ethics guidance on how far OH requires consent to report following statutory health surveillance. COSHH and other regulations on noise, vibration, lead, asbestos and ionising radiation place a legal obligation on the employer to provide suitable health surveillance, and on the employee to present himself during working... Read more »
It can be a mistake to focus too much on when a condition was diagnosed. The claimant, a teacher, had an impairment since December 2015. However it was only diagnosed as fibromyalgia in August 2016. The EAT held that the employment tribunal had wrongly focused on the late diagnosis of the condition rather than on... Read more »
This new ‘Ethics Guidance for Occupational Health Practice’ from the Faculty of Occupational Medicine was published in December. Changes from the previous guidance include: on statutory health surveillance, simple statements of outcome being ethical without consent; and new guidance on continuing to work despite risk to oneself, including how far it is ethical to disclose... Read more »
Updates on this include new GDPR guidance from the Information Commissioner. It is still unknown what deal (if any) will be struck between the UK and the EU27. However we have updated our Brexit page to reflect the current situation. The Information Commissioner’s Office has published substantial guidance on GDPR and Brexit, including in the... Read more »
The Information Commissioner’s Office has published new guidance on this in relation to GDPR. The guidance is at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/controllers-and-processors/ We have updated our page GDPR: the controller to reflect the new guidance. An external OH provider is likely to be responsible as a data controller (rather than just a processor) under the GDPR.