Legal News

When can and should OH disclose medical information in the public interest, without consent? This has recently been in the news in the case of the refuse lorry driver who collapsed at the wheel in a crowded Glasgow street, tragically killing six shoppers when his lorry went out of control and mounted the pavement. Assuming... Read more »
The Court of Appeal has held that court interpreters employed on an assignment-by-assignment basis were not within the EqA. The interpreters were not employees, and the employment tribunal had held that nor where they within the extended EqA definition of employment, as being employed under a contract ‘personally to do work’. The EAT overturned the... Read more »
The EAT held that dismissal because of such language could amount to discrimination arising from disability contrary to s.15 EqA. In Risby v LB Waltham Forest www.bailii.org the claimant had a short temper, which was not related to a disability. However, the EAT held that his disability (paraplegia), for which he wanted the reasonable adjustment, was also... Read more »
Diana Kloss reviews this thorny area in her most recent blog post. This is a topic which has caused much debate over the years. The problem in a nutshell is this:  an employee referred by a manager to OH tells a nurse or physician that they have a health condition that is automatically a disability... Read more »
The Supreme Court has held that a petrol station was vicariously liable for an attack by an employee which took place on the forecourt, and that the government was vicariously liable for a prisoner working in the prison kitchens who negligently injured a supervisor. In the first case the petrol station attendant was an employee,... Read more »
The EAT has again stressed the important of EU law in deciding what is a ‘disability’. In Banaszczyk v Booker Ltd www.bailii.org, the Employment Appeal Tribunal has held that lifting and moving cases which weighed up to 25kg, in wholesale quantities, was a normal day-to-day activity. The claimant’s impairment meant he was significantly slower at... Read more »
The EAT held against an employer who turned down a job applicant because of a negative reference. Not knowing that the reference was because of disability-related absences was not a defence in itself. An employer has a defence against a claim under s.15 Equality Act if it shows it did not know, and could not... Read more »