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Legal Topics
Age
Age direct discrimination
Compulsory retirement
Fixed retirement ages for health and safety, and maximum recruitment ages
Age indirect discrimination
Age-related harassment
Age discrimination: exceptions and particular areas
Provision of services: age discrimination
Age: Health and safety legislation for younger workers
Bloodborne viruses
Health and safety law on sharps injuries, incl needlestick directive
Personal injury claims and needlestick injuries
Equality Act and bloodborne viruses
Consent and confidentiality
Data protection (GDPR)
GDPR: the controller
GDPR: what records are covered?
GDPR: Data protection principles
GDPR: Consent
GDPR: Conditions for lawful processing
GDPR: Privacy notices
GDPR: Worker’s right to request disclosure
GDPR: Security
GDPR: Miscellaneous
GDPR: Brexit
Freedom of information requests
Archive: Data Protection Act 1998
DPA 1998: what records are covered?
DPA 1998: the data controller
DPA 1998: the Data Protection principles
DPA 1998: Worker’s right to request disclosure
DPA 1998: Employment practices code and guidance
Duty of Confidentiality
Consent
Consent for OH reports
Pre-employment questionnaires: confidentiality and consent
If consent is not given, or is withdrawn
Where is consent not needed?
Seeking information from a GP or other doctor
Access to Medical Reports Act 1988
Report for judicial proceedings
Covert surveillance
OH records
Pressure to breach OH legal/ethical obligations
Good practice guide: Confidentiality and consent on a management referral
Disability
What is a ‘disability’?
Disability: The definition
Disability: ‘Impairment’
Substantial adverse effect
Disability: ‘Normal day-to-day activities’
Disability: Effect of medical treatment
Disability: ‘Long-term effect’
Perceived disability
OH reporting on whether disabled
Medical evidence to prove disability under the EqA
Reasonable adjustments
Reasonable adjustments: detailed rules
Adjustments: What is reasonable?
Examples of reasonable adjustments
Attendance management and Equality Act
Sick pay, pay protection, and Equality Act 2010
Redeployment
Disability/health and disciplinary or grievance procedures
Disability discrimination
Disability: Direct discrimination
Discrimination arising from disability (EqA s.15)
Objective justification and disability
Health and safety as a justification for disability discrimination
Indirect disability discrimination (EqA s.19)
Disability: Discrimination by association
Knowledge of the disability under EqA
Disability: Is the employer treated as knowing what OH knows?
Types of disability
Obesity
Menopause
Employment
Rights of workers and employees: introduction
Contract law
Employment contract or contract for services?
Workers
Employment contracts
Pay
Agency workers
Equality Act 2010
Protected characteristics under EqA
Sex discrimination
Race and religion or belief
Sexual orientation and the EqA
Gender reassignment
Discrimination under EqA
Direct discrimination under EqA
Indirect discrimination
‘Objective justification’ defence
Other EqA defences
Harassment in the EqA
Victimisation
Discrimination by association and by perception
EqA shift in burden of proof
Public sector equality duty (PSED)
EqA scope and liability
EqA: Employees and others covered by the employment provisions
Who is liable under the EqA?
Provision of services, and public functions
EqA Codes of Practice and Guidance
Family-friendly measures
Shared parental leave and pay
Paternity leave
Unpaid parental leave
Parental bereavement leave and pay
Time off for dependants (emergencies)
Right to request flexible working
Adoption
Fitness to attend hearing
Is the worker fit to attend?
Adjustments to the meeting
Can hearing proceed without the employee?
Good practice guide: Fitness to attend capability and disciplinary interviews
Fitness to work
S.60 EqA: Pre-employment enquiries
Pre-employment: Equality Act
Lying at pre-employment
Testing to protect others, including drugs and alcohol
Health surveillance: Screening to protect the employee
Genetic screening
General health screening
Jurisdictions, and foreign workers
United Kingdom jurisdictions
Northern Ireland discrimination law
Scotland
Working abroad: unfair dismissal and Equality Act
Legal system: an introduction
Sources of law
Types of law: civil and criminal
Brexit
Courts involved with disputes related to occupational disease and injury
European Union (EU)
European Convention on Human Rights, and Human Rights Act
How to find the law
Managing sickness and absence
Coronavirus (COVID-19)
Archive: Self-isolation regulations for Covid-19
Dismissal for long-term absence: Overview
Illness and unfair dismissal
Ill health dismissal and the EqA
If incapacity is due to the employer or work
Persistent shorter absences
Conflict of OH with other medical opinion
Good practice guide: dismissal of an employee after long-term sickness absence
Mental health / Stress
Mental health: Is there a ‘disability’ within the EqA?
S.60 EqA: Coping with mental pressure
Personal injury: Occupational Stress
Personal injury: Traumatic shock
Stress under health and safety legislation
Protection from Harassment Act 1997
OH regulation and liability
OH practitioner’s duty of care in civil law
OH practitioner liability under EqA
Criminal liability of OH practitioners
Indemnity for OH professionals
Revalidation
Personal injury (negligence)
Personal injury
Vicarious liability in negligence claims
Personal injury: Voluntary assumption of risk
Asbestos-related disease, including mesothelioma: compensation
Pregnancy and maternity
Pregnancy and maternity under health & safety regulations
Pregnancy and maternity under Equality Act 2010
Pregnancy: Employment protection rights
Pregnancy: Do health and safety laws override Equality Act?
IVF treatment
Surrogacy
RIDDOR and other public disclosure
RIDDOR
Notification of infectious diseases (NOIDS)
Tribunals and reports
Tribunal legal procedure
Tribunal remedies
Tribunals: The role of OH
Tribunals: Preparing the OH report
Tribunals: Giving evidence
Tribunal guidance on expert evidence
Unfair dismissal
Unfair dismissal: the rules
Grievance and disciplinary procedures
Unfair dismissal: unsafe working conditions
Whistleblowing
Duty to disclose poor practice?
Whistleblowing protection
Working time regulations
Paid holiday under Working Time Regulations
Working Time
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Closure of OH Law Online
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OH Law Newsletter
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