Latest news from the world of Occupational Health law
Disability discrimination claim after discharge from armed forces? 26 July, 2022 - Though not a binding precedent, an employment tribunal has held that a former member of the armed forces can claim for disability discrimination occurring after discharge, subject to the normal rules on post-employment discrimination. Normally, Sch 9 para 4 of the Equality Act excludes the armed forces from the EqA employment provisions as regards disability... Read more »
‘Gender-critical’ beliefs 26 July, 2022 - A doctor who believed on the basis of the Bible that it is not possible to change sex/gender and was not willing to use preferred pronouns has failed in a discrimination claim. In Mackereth v DWP (bailii.org) the EAT held the doctor had a protected belief under the Equality Act, but on the facts there... Read more »
Outcome vs process in justifying dismissal 25 July, 2022 - The EAT has held that in considering the justification defence under s.15 Equality Act, it is the outcome of the decision-making process – for example dismissal – that must be justified rather than the process itself. However this does not mean the employer’s procedure is irrelevant. In Department of Work and Pensions v Boyers (gov.uk)... Read more »
HSE investigation of FE college on Covid-19 measures 18 July, 2022 - A further education college was investigated by the HSE after the death of a staff member from Covid-19 in December 2020. In a letter dated April 2022, the HSE said it considered that the death did not have to be reported under RIDDOR. However the college had failed to take all reasonably practicable measures to... Read more »
‘Long Covid’ as an Equality Act disability 18 July, 2022 - In summer 2022 we had what may be the first employment tribunal decision on how far Long Covid is a disability within the Equality Act. The case is Burke v Turning Point www.gov.uk/employment-tribunal-decisions/mr-t-burke-v-turning-point-scotland-4112457-slash-2021 . The tribunal held the claimant did have a disability, but each case will depend on its facts. More: Covid-19>’Long Covid’ as... Read more »
Might someone be a ‘worker’ even with an unfettered right of substitution? 18 July, 2022 - The Court of Appeal in Pimlico Plumbers said a genuine unfettered right to substitute someone else to do the work is inconsistent with being a ‘worker’. However an EAT has now suggested that the Supreme Court decision in Uber may have changed that. Giving an individual, particularly in the gig economy, a contractual right to... Read more »