Confidentiality – new GMC guidance (part 2)

The second part of Diana Kloss’s blog on the revised General Medical Council (GMC) guidance on confidentiality and how it will affect OH pra...

What is a mental impairment?

Diana Kloss considers the case of Herry v Dudley Metropolitan Council, in which an employee who had been absent for more than two years with...

Long-term work-related stress and disability

The EAT held that a long-term refusal to return to work due to the stress of unresolved issues there was not necessarily a disability within...

Mental health: Is there a ‘disability’ within the EqA?

Key points Generally The normal definition of disability in s.6 EqA applies. Since 2005, it is no longer necessary for a person to have a ‘c...

Disability: ‘Normal day-to-day activities’

Summary For there to be a disability, the impairment must normally have a substantial, long-term adverse effect on ability to carry out ‘nor...

Fitness to attend hearing

What this Topic deals with This Topic deals with the common scenario where an employee goes absent with ‘stress’, ‘anxiety’ or ‘depression’,...

Stress under health and safety legislation

An employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees (s.2 Health and Sa...

Disability/health and disciplinary or grievance procedures

Summary On disciplinary and grievance procedures in general, see separate page Grievance and Disciplinary Procedures. ACAS has produced a st...

Protection from Harassment Act 1997

Summary Employers can be liable for harassment by employees if there is a ‘course of conduct’ (at least two occasions) which is sufficiently...

S.60 EqA: Coping with mental pressure

Summary S.60 EqA limits the health questions that can be asked pre-employment. However, one ‘permitted purpose’ for health questions, even b...