EqA shift in burden of proof Summary Normally a claimant has to bring evidence to substantiate their claim on a balance of probabilities, ie that the facts on which they...
S.60 EqA: Pre-employment enquiries Purpose and summary Before s.60 EqA, employers were in practice able to ask about health and disability at any time pre-recruitment, and the...
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...
Pressure to breach OH legal/ethical obligations The issue In practical terms, the problems often facing OH practitioners tend to arise from requirements imposed by the employer that confli...
Pre-employment questionnaires: confidentiality and consent Summary OH professionals will be aware of the need to preserve confidentiality. In the light of data protection law guidance, health questio...
Pre-employment: Equality Act Summary Job descriptions or person specifications should avoid unnecessary requirements, particularly those which may prejudice those with a...
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...
OH practitioner’s duty of care in civil law Summary Civil liability for negligence is discussed generally on the Personal injury page, the present page focuses mainly on the OH practit...
