Archives: Disability

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Improving support in the workplace for employees with mental health issues

This post was prepared with the kind assistance of Andy Bell, Deputy Chief Executive of the Centre for Mental Health, a charity dedicated to changing the lives of people with mental health problems by improving support and bringing about fairer policies. https://www.centreformentalhealth.org.uk/. Many employers have experience of dealing with prolonged, costly and challenging sickness absences … Continue Reading

Testing times for employers in recruitment assessments

Hot on the heels of our post on indirect discrimination in employee tests for promotion   http://www.employmentlawworldview.com/indirect-discrimination-you-know-what-they-say-about-statistics/ comes another decision posing similar challenges for employers. Government Legal Service –v- Brookes concerned the Situational Judgement Test (SJT) which forms part of the recruitment process for lawyers wanting to join the Service. Ms Brookes told the GLS in … Continue Reading

EAT stresses line between disability and unhappiness in the workplace

Fans of the unnecessary medicalisation of management issues in the workplace will be sadly disappointed by a new Employment Appeal Tribunal decision at the end of December. For everyone else, Herry – v – Dudley MBC represents a very sensible and timely reminder of where the line lies between being disabled on the one hand … Continue Reading

EEOC Issues New Guidance on the Rights of Applicants and Employees with Mental Health Conditions

On December 12, 2016, the Equal Employment Opportunity Commission published a resource document explaining the legal rights of workers with mental health conditions under the Americans with Disabilities Act. Each year, approximately 5% of charges filed with the EEOC allege discrimination or harassment based on mental health conditions. While not announcing new law, the guidance … Continue Reading

Unwinding settlement agreements through lack of mental capacity

When you sign up a Settlement Agreement with an ex-employee you think that’s the end of the matter, right? Clearly that is the general intention, but we already know that even the most procedurally prim and proper settlement agreement can be undone by evidence that it was entered into by fraud or misrepresentation and now … Continue Reading

UK employer obliged to offer pay protection to disabled employee who was redeployed

UK employers take note – the Employment Appeal Tribunal has recently ruled that an employer was obliged to continue paying a disabled employee his full salary even though he had been redeployed into a less well paid role because he could no longer carry out his normal duties as a result of his disability.  Such … Continue Reading
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