Diana Kloss’s continues her review of the revised GMC guidance taking effect in April 2017, and how it affects OH practitioners. After a year of consultation and deliberation the General Medical Council has published revised guidance on confidentiality which will come into effect on 25 April 2017. Diana’s second blog on the new guidance includes... Read more »
Two decisions of the EU Court of Justice have held it may be justified to ban visible signs of religious or other belief at work in the interests of ‘neutrality’, including headscarves and veils. In the Achbita and Bougnaoui cases in March 2017, the Luxembourg court suggested that an employer may be able to justify... Read more »
Can an employee claim for failure to make a reasonable adjustment which she did not suggest at the time? Emily Yeardley considers the Kuranchie case in which the EAT held the employer must be proactive, and that their obligation to make reasonable adjustments is not limited to those suggested by the employee. Full Blog: Whose... Read more »
Diana Kloss’s blog looks at the revised GMC guidance taking effect in April 2017, and how it affects OH practitioners. After a year of consultation and deliberation the General Medical Council has published revised guidance on confidentiality which will come into effect on 25 April 2017. Much of the advice is the same as the... Read more »
The government issued regulations for the private sector in February 2017, and final draft regulations for public sector employers in January 2017. From spring 2017 the regulations will require employers with 250 or more employees to publish gender pay gap information. An ACAS guide is available. As well as private/voluntary sector employers, the mandatory reporting... Read more »
The EAT confirmed that an employer may be liable for failure to make a reasonable adjustment even if it was not suggested by the employee at the time. The claimant in Home Office (UK Visas & Immigration) v Kuranchie www.bailii.org had told the employer that lack of adjustments for her dyspraxia and dyslexia was causing... Read more »
These are now being published at www.gov.uk/employment-tribunal-decisions. The main free online source for cases, bailii.org, includes Employment Appeal Tribunal decisions and above, but not employment tribunal decisions. The new resource at www.gov.uk/employment-tribunal-decisions started in February 2017, though some decisions from 2016 are currently available. Employers will be able to search whether a job applicant has... Read more »
Diana Kloss considers the case of Herry v Dudley Metropolitan Council, in which an employee who had been absent for more than two years with ‘stress’ was held not to have a disability within the Equality Act. The Equality Act no longer requires that a mental health issue be a clinically recognised illness in order... Read more »
The claimant argued his type 2 diabetes was a ‘progressive condition’ under the Equality Act. That was not decided, but the EAT suggested that just a ‘small possibility’ of future substantial effect could be enough to make the effect ‘likely’. Under the Equality Act definition of ‘disability’, a person with a long-term progressive condition which... Read more »
The worker’s health may be relevant not only to how disciplinary proceedings are handled but also whether complaints should be brought at all. In Private Medicine Intermediaries v Hodkinson www.bailii.org the employee was off sick with depression and anxiety. She was known to be very ill, and the employer raised complaints which were ‘not serious’... Read more »