Action against pre-employment health questionnaire The Equality and Human Rights Commission took action in respect of unlawful enquiries by a care agency. The care agency’s job application as...
Harassment: relevance of whether employee’s perception is reasonable The EAT held that as before the Equality Act, conduct does not have the effect of creating a hostile etc environment unless it is reasonable...
Working abroad: unfair dismissal and Equality Act How far do those working wholly or partly abroad fall within British employment and equality law? And are those working in Britain necessari...
‘Gay cake’ Supreme Court decision The Supreme Court has held it is not discrimination for a bakery in Northern Ireland to refuse to make a cake saying ‘Support gay marr...
OH practitioner liability under EqA Summary This page looks at how far OH practitioners may be personally liable under the Equality Act 2010 (EqA), where there is a breach of t...
Disability discrimination This part of the website covers various types of discrimination claim under Equality Act 2010 with particular reference to disability. Direc...
Tribunal legal procedure Introduction There are separate pages specifically on the role of OH in tribunal proceedings: eg Tribunals: The role of OH. Employment tribu...
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...
Good practice guide: dismissal of an employee after long-term sickness absence Good practice guides are meant as general guidance for practitioners to help them comply with the law and good practice, rather than explain...
Perceived disability and covert surveillance The EAT rejected a claim that covert surveillance of an employee claiming reasonable adjustments for dyslexia was harassment or victimisatio...
