Disability discrimination: When ignorance may not be bliss

Charles Wynn-Evans analyses recent case law on the thorny issue of when an employer is considered to have knowledge of an employee’s disability ‘While the employer’s knowledge is only one aspect of a disability discrimination claim, it is clear from these decisions that an employer cannot simply neglect consideration of whether an employee is disabled …
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Staff procedures: Create or update a sickness absence policy

Richard Allen continues our series with advice on what to include in a policy to manage short- and long-term sickness absence and pitfalls to avoid when putting the policy into effect ‘The policy should start with an initial purpose statement, telling employees why it is in place, what it hopes to achieve and which parts …
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Legal news: Employment update

Jo Broadbent rounds up recent case law developments affecting employers and their advisers ‘At the full hearing of Donelien, the tribunal had to decide whether the employer had knowledge of the disability so as to give rise to a duty to make reasonable adjustments and held that it did not.‘ No constructive knowledge of disability …
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Disability Discrimination: All about that case

The EAT seems to be making it harder than ever to advise employers on what amounts to unlawful disability discrimination, argues Phil Allen ‘In deciding a number of recent claims, the Employment Appeal Tribunal (EAT) has given judgments which may appear correct on the facts, but which highlight how increasingly difficult it is to advise …
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Absenteeism: Managing mental health issues

Paul Strelitz gives advice on how to help employees suffering from stress and mental illness ‘The important thing for employers is to put policies in place and create an environment that helps to avoid a worsening or prolongation of mental ill health, whatever the exact condition is.’ In 2006 it was estimated that 35% of …
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Disability Discrimination: Managing mental health at work

Dominic Holmes considers recent case law developments on disability discrimination and dealing with mental impairments in the workplace ‘Once the employer knows that an employee is disabled, it is under a duty to take such steps as are reasonable to avoid any substantial disadvantage suffered by the employee in the workplace.’According to research conducted by …
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Disability Discrimination: Employers must make up their own minds

A recent case has highlighted the risks for employers of simply rubber stamping what their occupational health advisers tell them, reports Richard Barker ‘Employers need to ask occupational health advisers specific questions about the nature of the employee’s illness, its prognosis and its effect on the particular employee. It should then use the answers provided …
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