Tag Archives: disability

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

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

When overtime goes bad – employers’ duties to clarify expectations for disabled staff

When you work late in the office, why? Because it will make the following day that bit less fraught?  Because you do not want to be seen as a clock-watcher?  Because you think it will help your bonus or job security?  Because you believe it is the right thing to do for the good of … Continue Reading

Threshold for a protected belief under the Equality Act reaches a new low

Does really just anything count as a philosophical belief these days?  An impression you could reasonably take away from the headlines in the Employment Appeal Tribunal’s decision in Harron –v- Chief Constable of Dorset Police last week but happily not one completely borne out by closer reading. Mr Harron considered himself to have been discriminated … Continue Reading

Who drove change of disciplinary direction? – When HR’s advice goes too far

Do you ever think that your line managers are making such a hash of a grievance or disciplinary process that it would be easier to do it yourself?  Do you watch in horror as they stumble blindly but unerringly towards what is clearly the wrong decision?  Are you tempted to give them a nudge in … Continue Reading

Helpful guidance on TUPE’s treatment of long-term sick employees

In almost every TUPE transfer, whether a business sale or a service provision change (SPC), you come eventually to the chap receiving permanent health insurance benefits.  The transferor has no need for him any longer and the transferee has no wish to bump up its own PHI premiums for someone who is seemingly never going … Continue Reading

Drugs research by the UK Employment Tribunal – not what the doctor ordered

If as an Employment Tribunal you are not satisfied by the evidence which the parties have put before you, are you entitled to go off and get some more of your own?   This rather unusual question was considered by the Employment Appeal Tribunal last month in East of England Ambulance Service NHS Trust –v- Sanders.  … Continue Reading

EEOC Issues New Guidance Expanding Pregnancy Discrimination Protections for US Employees

As the number of pregnancy discrimination lawsuits has increased, the Equal Employment Opportunity Commission (“EEOC”), for the first time in over thirty years, issued a comprehensive guidance update on pregnancy discrimination last month.  The EEOC’s guidance serves to clarify its position on a wide range of topics related to pregnancy discrimination as enforced under the … Continue Reading

Is Telecommuting a Reasonable Accommodation for a Disability in the US?

In the US, under the Americans with Disabilities Act (ADA) employers are required to provide qualified individuals who have a disability with a reasonable accommodation absent an undue hardship.  Whether working from home is a reasonable accommodation is a fact intensive analysis that should be conducted for each circumstance.    However, last week, the Sixth Circuit … Continue Reading

Is A Temporary Injury A Disability Under the Americans With Disabilities Act?

Although the ADA does not generally cover temporary impairments as disabilities under the law, the Fourth Circuit is the first Court of Appeals to declare that a temporary impairment can be severe enough to be a disability under the law. In Summers v. Altarum Institute Corporation [pdf], the court of appeals reversed the trial court’s dismissal … Continue Reading

UK Court rejects employer’s reliance on inadequate disability opinion

Your employee is sick a lot, mostly stress and related issues.  Keen to respect your statutory obligations if you have any, you repeatedly ask your external Occupational Health provider if this means he is disabled.  You are repeatedly told that he is not, though without any particular depth of enquiry on your part and without … Continue Reading

UK vetinerary practice criticised for medical treatment of sick employee

This is not quite as bad as it first sounds.  Where a provision, criterion or practice (PCP) applied by an employer places a disabled employee at a substantial disadvantage by reason of his disability, then the Equality Act 2010 says that the employer has to make reasonable adjustments to prevent the PCP having that effect.  … Continue Reading

“DSM-5 Anxiety” May Be New Disorder For Employers Trying To Navigate ADA

Last Friday, the American Psychiatric Association (APA) published the fifth edition of what is considered the “bible” for diagnosing mental disorders, the Diagnostic and Statistical Manual of Mental Disorders, or “DSM-5.”  While much of the DSM-5 reclassifies already-recognized disorders or fleshes out diagnostic criteria, the APA recognizes several new disorders that could make life even … Continue Reading

FMLA Celebrates 20 Years with Expansion

Most employers are well aware of the Family and Medical Leave Act (FMLA) provisions which entitle qualifying employees to twelve weeks of unpaid, job-protected leave each year for certain events such as: the birth or adoption of a child; care for an immediate family member with a serious health condition; or the employee’s own serious … Continue Reading

Can-do attitude ruled out of the question

Many of Worldview’s readers will be familiar with the test for disability under the UK Equality Act 2010. In short, a person has a disability if he has a physical or mental impairment which has a “substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities”.  When the Minister responsible … Continue Reading

What is an essential job function?

This issue is particularly important in disability discrimination cases where an employee is a qualified individual with a disability if he/she can perform the essential functions of a job with or without a reasonable accommodation.  Thus, a key question both during the required interactive process in determining possible accommodations as well as in litigation is … Continue Reading

Counseling Constitutes an ADA-Protected Medical Examination

Under the Americans with Disabilities Act (ADA), employers are restricted as to when and for what reason they may require employees or potential employees to submit to a medical examination.  For current employees, an employer may only compel a medical examination if such an examination is shown to be job‑related and consistent with business necessity.  … Continue Reading

Is Working From Home A Reasonable Accommodation?

As previously noted here, employers are required to provide qualified individuals who have a disability with a reasonable accommodation absent an undue hardship.  Whether working from home is a reasonable accommodation is a fact intensive analysis that should be conducted for each circumstance.  Earlier this week, a Michigan federal court dismissed the EEOC’s case against … Continue Reading
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