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...
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...
Maximum recruitment age for police: EU case The EU Court of Justice (ECJ) has upheld a maximum recruitment age of 35 for the Basque police. There was evidence that an officer aged 55 o...
Tribunal case: infection risk of Muslim dress covering arms and face Though not a binding decision, the tribunal upheld the ‘bare below the elbow’ policy of a hospital trust for a Muslim worker. Al...
Personal injury Introduction This page deals with civil claims for personal injury. There are separate pages on occupational stress and traumatic shock, and...
Types of law: civil and criminal Summary Criminal law is largely statutory, and aims to deter, punish and reform. It is mainly prosecuted by the Crown Prosecution Service, o...