Latest news from the world of Occupational Health law

Pay protection – reasonable adjustments 16 August, 2021 - The EAT rejected a claim that it would have been a reasonable adjustment for a teacher to continue on the same salary long-term, after she became instead a cover supervisor due to mental ill health. A teacher had a period of absence due to mental ill health. She came back to work three days a... Read more »
Further EU case on ‘neutrality’ and Muslim dress 2 August, 2021 - The European Court has again considered ‘neutrality’ as a possible reason for employers not to allow workers to wear of signs of religious and other beliefs. The EU Court of Justice (ECJ) has held that an employer may be able to justify a rule banning at least customer-facing staff at work from wearing any visible... Read more »
Coronavirus (Covid-19) updates 27 July, 2021 - We are continuing to update our Coronavirus (Covid-19) page. The page is at Coronavirus (Covid-19). Recent updates include: We have made available on that page a special report ‘Covid-19 – back to work’ published (online first) in the August/September 2021 issue of our journal Occupational Health [at Work]. With workplaces returning to ‘normal’ as Covid-19... Read more »
Burden of proof: shift to employer 26 July, 2021 - The Supreme Court has held that the Equality Act did not alter the law on shift in burden of proof. Under s.136 Equality Act 2010, if there are facts from which the court could decide, in the absence of any other explanation, that a person (eg an employer) contravened the Act. the court must hold... Read more »
Unfair dismissal: unsafe working conditions 5 July, 2021 - New web page added on this, including illustrative tribunal case on Covid-19. We have added a separate page on Unfair dismissal: unsafe working conditions. This is particularly about legal protection for a worker who (broadly) leaves his place of work in circumstances of danger which he reasonably believes to be serious and imminent, or takes... Read more »
Transgender beliefs 14 June, 2021 - The EAT has held a belief that biological sex is immutable to be a ‘philosophical belief’ protected under the Equality Act. However this was a different issue to how far the claimant had the right to manifest her belief. The EAT said that a requirement that the belief be worthy of respect in a democratic... Read more »