Race and religion or belief Summary Race and religion have been combined on this page because they tend to be less important in an occupational health (OH) setting than...
Where is consent not needed? Summary To set the context, OH practitioners are subject to a common law duty of confidence. Breach of this can give rise to a civil action ...
Dismissal for urinating in loading yard A lorry driver with type 2 diabetes dismissed for urinating in a loading yard succeeded in claims for disability discrimination and unfair d...
Health and safety as a justification for disability discrimination Summary An argument that health and safety justifies excluding a woman or someone with a disability or someone from an ethnic minority etc m...
Whistleblowing protection Summary Whistleblowing legislation protects workers against dismissal or other detriment if they make ‘protected disclosures’. This can incl...
Testing to protect others, including drugs and alcohol Summary The GDPR applies. Generally testing should be minimised and used only so far as justified. Health and safety reasons will normally b...
Pregnancy and maternity under health & safety regulations Summary Even without any employee being pregnant, an employer must perform a risk assessment if there are staff of child-bearing age and the...
Health care provider fined for OH failures A Bedford based health care provider has been fined after it failed to act on concerns raised by an occupational health nurse. The case conc...
Fixed retirement ages for health and safety, and maximum recruitment ages Summary Compulsory retirement age Normally a compulsory retirement age is unlawful as direct age discrimination unless it can be justified b...
Sick pay, pay protection, and Equality Act 2010 Summary The courts have generally held that an employer does not have an obligation to pay extra sick pay under disability discrimination le...
