Latest news from the world of Occupational Health law

Action against pre-employment health questionnaire 7 June, 2021 - The Equality and Human Rights Commission took action in respect of unlawful enquiries by a care agency. The care agency’s job application asked about attendance at work and whether applicants had ever had certain health conditions. See Investigation finds care agency’s recruitment practices were unlawful (equalityhumanrights.com), May 2021. Under s.60 EqA it is unlawful for... Read more »
Menopause update 7 June, 2021 - There has been a tribunal case on harassment related to the menopause, and the Equality Commission for Northern Ireland has issued new guidance on the menopause. In May 2021 the Equality Commission for Northern Ireland issued new guidance on the menopause and employment www.equalityni.org/Footer-Links/News/Employers-Service-Providers/Menopause-a-Workplace-Issue Also, in 2020 there was an employment tribunal case (not a... Read more »
Blog – Assessing whether someone has a disability: long-term effect 14 May, 2021 - Considering whether substantial effects are likely to (could well) last at least 12 months or recur. Diana Kloss reviews cases holding that whether substantial effects could well be ‘long-term’ under the Equality Act must be considered as at the time of the alleged discrimination, and considers implications for OH reports. Read the full blog: Assessing... Read more »
Non-binary equality claim 1 May, 2021 - An employment tribunal has upheld the Equality Act claim of a claimant describing herself as ‘non-binary’ and ‘gender-fluid’. Although only an employment tribunal decision and so not a binding precedent, a tribunal has held that non-binary or gender-fluid people can be protected under the protected characteristic of ‘gender reassignment’ – that the person does not... Read more »
Blog – Definition of disability: guidance cannot override the statute 28 April, 2021 - Diana Kloss’s latest blog discusses the EAT decision in Elliott v Dorset County Council, which overturned a tribunal decision that the claimant’s Asperger’s Syndrome did not have a ‘substantial’ effect. The Employment Appeal Tribunal held that the tribunal had given too much weight to wording in the Guidance on definition of disability, and not enough... Read more »
Unnecessary job move was pregnancy discrimination 19 April, 2021 - The EAT upheld a claim of direct pregnancy discrimination where a risk assessment had decided that the claimant could stay in her current role with adjustments, but senior management decided to move her elsewhere. The claimant, a police officer, was a response officer on the front line, which was the job she had always wanted.... Read more »