Archives: Health & Safety

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New UK Flexible Working regime – the word on the street

Depending on what you read and who you believe, today’s opening-up of eligibility to request flexible working to all employees with six months’ service or more will be:    (i)         the unleashing of an unstoppable tide of cost, inconvenience and Tribunal claims; or   (ii)        no big deal.   Perhaps by the time you read this, there will … Continue Reading

Practical Implications for French Employers of Recent Changes to SYNTEC National Collective Bargaining Agreement

On 11 April 2014, we published an Alert concerning a new addendum to the SYNTEC National Collective Bargaining Agreement in France.  This change generated extensive worldwide media coverage, including reports that the agreement “involved a million French employees”, that working after 6pm “had become illegal” and that French employees were now “forced to switch off … Continue Reading

Feeling Down Under – when the doctor’s “sick note” won’t cut it

The management of long term sickness absence cases can be difficult.  This is particularly so if an employee is reluctant to provide information about his condition and prognosis.  This is often amplified by the fact that in keeping with the Australian Medical Association guidelines, many medical certificates only state that the employee is unfit to … Continue Reading

Keeping your employees in the dark about night work in the UK?

The BBC has reported that working at night can have an adverse long term effect on the health of employees. According to scientists at the Sleep Research Centre in Surrey, working night shifts affects the body’s natural rhythm or body clock and can alter hormone levels, mood and brain function. For those without medical degrees, … Continue Reading

Court Orders Ohio BWC to Pay Employers $860 Million; Ohio BWC Appeals

A Cleveland court in San Allen Inc. v. Bureau of Workers Compensation, Cuyahoga Cty. Case No. CV-07-644950, recently held that the Ohio Bureau of Workers Compensation (BWC) must reimburse employers $860 million in premium overcharges from 2001 to 2009.  The BWC, of course, appealed the decision on April 16, 2013. The relevant case was originally … Continue Reading

Risky business – French employers’ liability for over-work illness

Under French law, the employer must take all necessary measures to protect the “security” as well as physical and mental health of its employees. This includes the obligation to assess the psychological and social risks linked to the activities of the business. In cases of work-related illness recognised as such by the Social Security Administration … Continue Reading

Ohio Employer Intentional Tort – Employer Intent Required

In an opinion released today, the Ohio Supreme Court upheld its prior interpretation of Ohio Revised Code §2745.01(A), the employer intentional tort statute.  Houdek v. ThyssenKrupp Materials N.A., Inc., Slip Opinion No. 2012-Ohio-5685 [pdf].  The statute currently requires that an employee must show that the employer committed a tortious act with intent to injure or … Continue Reading