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Adjustments were not enough

Under the Disability Discrimination Act 1995 (DDA) it is unlawful for a qualifications body to discriminate against a disabled person in the arrangements it makes for determining on whom to confer a professional or trade qualification. Such bodies are also required to make "reasonable adjustments" in order to prevent disabled people being placed under a disadvantage. Employers are under very similar duties in respect of employees and job applicants. In the recent case of Project Management Institute v. Latif, the Employment Appeals Tribunal (EAT) upheld the tribunal's decision that the In...

Case | 31 May 2007
3 strikes and your fire's not out!

...fter that. If the Court agrees that the DDA should incorporate discrimination by association, it will be a hugely significant decision and will mean employers are under a much broader duty towards employees who are also carers. If this case succeeds, employers may need to consider making reasonable adjustments for all employees with caring responsibilities. 11641 A landmark compensation case brought by sufferers of the asbestos-related condition pleural plaques has been lost. The Court of Appeal ruled that pleural plaques was not a disease itself (though it can lead to asbestosis and mesothelioma) and, ...

Magazine issue | 8 Nov 2007
What is reasonable adjustment?

...omes to disability legislation, the two countries have significant differences in approach. Bernie Sheehan weighs up the pros and cons of both systems. It's a striking fact that most cases brought under the Disability Discrimination Act are concerned with employers having failed to make `reasonable adjustments'. Caroline Merz identifies key recent cases that illustrate what, when it comes to adjustments, is considered reasonable. Employers have largely managed to get to grips with the duty not to discriminate on the grounds of race, sex, religion and now age, but the requirement not to discriminate again...

Magazine issue | 1 Dec 2006
Un-reasonable adjustments, un-reasonable comments

... Miss Hitschmann denied this. Mr Hare said she broke the charity's rules when she did not produce a doctor's sick note. Miss Hitschmann is claiming constructive unfair dismissal under the Disability Discrimination Act, discrimination for disabled-related reasons and failure to make reasonable adjustments for a disabled person. The hearing continues.

Case | 10 Jan 2006
Workers 'should not stand for poor conditions'

...lem', which appears in the latest edition of the TUC-backed health and safety magazine Hazards says that despite calls at the end of the 19th century for action to be taken about the dire health consequences for London's shop assistants from constant standing the problems are as acute today as they were in Victorian Times. Every year over 2 million sick days are lost due to lower limb disorders, with nearly 200,000 people reporting lower limb ailments caused or made worse by their job. Workers who spend most of the working day on their feet are at risk of work-related varicose veins, poor circ...

News | 26 Aug 2005
London riots: FAQs

...d safety of employees who attend work. Therefore if there is a real and imminent risk of danger an employee could legitimately refuse to attend work. What can businesses do to protect staff who live or work in or are commuting through the zones affected by rioting? Employers should consider making adjustments to protect the health and safety of their employees. If employees can work remotely, then employers should consider home working to prevent them having to commute through affected areas. Where employees have to attend their place of work then employers should consider whether they should make adjus...

News analysis | 10 Aug 2011
Survival of the fit note?

... the fit note, and the Workplace Law HR experts give their tips on how to make it work. trying to meet that need, where they may be ill but they're not so ill that they can't do anything in the workplace at all." The fit note is designed with specific boxes that a doctor can tick to indicate which adjustments may be appropriate a phased return to work, amended duties, altered hours or workplace adaptations. If the employer cannot make the adjustments suggested by the doctor, the employee will be deemed to be not fit for work. As well as indicating the length of time the fit note will last (not more t...

Magazine issue | 5 Jul 2011
Internships – Are you breaking the law?

... risks to people at work and those who operate outside the law. Common sense and proportion remain important throughout the whole system including helping small businesses to achieve compliance simply and easily." 33520 The HSE has published its delivery plan for the next year, and has said the adjustments it will be making as a consequence of the reductions in government funding for the period to 2015 will be a key factor influencing delivery. The plans for between now and March 2012 are grouped under the headings `Transforming our approach', `Avoiding catastrophe', `Clarifying ownership of risk and...

Magazine issue | 3 May 2011
Companies to be prosecuted for health and safety breaches over Potters Bar rail crash

...ntenance and inspection of suitable stretcher bar points. Adjustable stretcher bars keep the moveable section of the track at the correct width for the train’s wheels. It is alleged that such failure meant that the company failed to conduct its undertaking in such a way to ensure that persons who were not in its employment but who may be affected thereby were not exposed to risks to their safety. The infrastructure controller for the national rail network at the time of the incident was Railtrack plc (in administration). Railtrack plc was taken over by Network Rail in October 2002, and the ...

Case | 12 Nov 2010
Same old: has health and safety really changed after the Young review?

... disability discrimination is going to be broadened again under the Act with the introduction of the concept of discrimination arising from disability. This means that whereas previously employers had reached the position that they only had to worry about direct discrimination and making reasonable adjustments, they will have to be much more cautious in future. There are further changes in the Equality Act to disabilityrelated discrimination, victimisation, gender reassignment and public sector duties, and employment lawyers and both employers and employees will be waiting with anticipation to see how th...

Magazine issue | 1 Nov 2010
Celebrating 35 years of the Health and Safety at Work Act

... when most of today's research has shown it is of little value in either health or financial terms. The fact is that pre-employment health assessment is only valuable for two reasons: 1. Enabling employers to identify prospective employees with disabilities under the DDA in order to make reasonable adjustments; and 2. Fulfilling statutory requirements following a risk assessment which has identified a specific hazard(s) in the workplace. There has to be some `thinking outside the box' for most SMEs in order to address the issues of a healthy workplace. Dame Carol Black certainly is aware of this in her r...

Magazine issue | 7 Jul 2009
Cultivating success: how to cut costs and stimulate growth

...ce. Key updates: n Disability Discrimination Acts 1995 and 2005 (including SENDA 2001) n Planning and Compulsory Purchase Act 2004 n Building Regulations Parts L, M and B n Regulatory Reform (Fire Safety) Order 2005 n Court of Appeal widens rights to equal pay compensation. COmmeNT 07 REASONAbLE ADjUSTmENTS OR TOkEN GESTURES? If a would-be access auditor tells you "use my services and you will comply with the DDA," or a salesperson says "this piece of equipment complies with the DDA," they are misleading you, says Ruth Malkin. 16 ROyAL mAIL: COST CUTTING by CUTTING SERvICES? The Royal Mail went from ...

Magazine issue | 1 Jun 2009
SICKNESS

... OH involvement or agree to stay off sick? What reason did HR provide if it was their opinion that the employee could work full-time instead of the suggested reduced hours? 7) What medical condition was specified on the fit-note after the 8 weeks phased return had been completed. You state that adjustments were suggested in the form of reduced hours, monitored workload and no heavy lifting. All of these adjustments do not appear necessary if the employee's condition was still deemed as work related stress/depression, so was the cardiology condition stated also (you had stated that the employer only ...

Comment | 3 Feb 2011
Evacuation versus invacuation

...egulations, Professor Keith Bright has gone on to become a recognised and highly regarded expert in access issues. Kelly Mansfield tells his story. 06 LEGAL CALENDAR Key legislative dates and events taking place in July and August. 08 CASE LAW n Employer's operational needs relevant to reasonable adjustments n Employer that didn't follow own policy still made reasonable adjustments n Can you discriminate if an impairment is "not likely to recur"? nETWoRK 21 "hOW WELL DO yOu kNOW yOuR SAFETy SIGNS? Could you decipher the meaning of every safety sign without the aid of the accompanying written warning? ...

Magazine issue | 10 Jul 2008
"We don't serve wheelchairs"

...fect upon an ability to carry out normal day-to-day activities. The steps which an employer should take will be entirely dependent upon the condition suffered. Medical advice should be obtained in relation to that condition. Steps that an employer should take can be very extensive including; making adjustments to premises, acquiring or modifying equipment or altering hours of work or training. If an employer fails to make these adjustments it is likely to be at risk of a claim from an employee under the provisions of the DDA. It was this point that enabled Mr Paterson to win his claim because, despite th...

Magazine issue | 1 Jan 2008
Employment Tribunals: back to the future?

...9. 00 workplacelaw MAGAZINE Kelly Mansfield T. 01223 431 054 Putting a price on life Is the Corporate Manslaughter Bill possibly the most drawn-out piece of legislation ever to be introduced? It's taken 11 years to get to the point at which a proposed Bill has actually received Royal Assent. We were beginning to think it would never happen, but the Corporate Manslaughter and Corporate Homicide Bill will now come into force in April 2008 -- 12 years since it was proposed by the Law Commission back in 1996. It's been talked about so much over the years that we're not going to offer an in-depth d...

Magazine issue | 1 Jul 2007
Occupational health: an unnecessary expense?

...sence management programme: · keeping in touch with the employee, for example before and after an employee has a planned stay in hospital. During a six-week post-operative period, the OH service might see the employee in weeks one, two, four and six; planning and implementing workplace controls or adjustments to facilitate a safe return to work. This will require a risk assessment to identify what measures should be taken to help the employee return to, and stay in, work; using professional advice and treatment, including OH professionals who can evaluate the reason for absence, carry out health assessm...

Magazine issue | 1 Apr 2007
CDM special

...ion Act (DDA), comes into force. From 4 December new provisions under the DDA 2005 will be implemented. Meaning: · · · · · a new disability equality duty is placed on public sector authorities; disabled people will have the right to adapt rented property; landlords will have to make reasonable adjustments; private clubs with more than 25 members will have to make reasonable adjustments; and land-based public transport vehicles will be brought within scope of Part III of the DDA 1995. 6490 · 7th Ban Bullying at Work Day, organised by charity Ban Bullying At Work, is on 7 November to raise awarene...

Magazine issue | 1 Mar 2007
Energy management special issue

... flexible working will be extended to carers 7929 · The Construction (Design and Management) (CDM) Regulations. (7857) 7857 · A new RICS Code of Practice charges in commercial property will take effect. 7841 9th Proposals for minimum standards of water efficiency in new commercial buildings were published for consultation in December 2006. The deadline for comments is 9 March 2007. The new proposed regulations will apply in respect of the domestic uses of water in commercial buildings such as shops and offices, · Changes to Part B (Fire Safety) of the building regulations will come into...

Magazine issue | 1 Feb 2007
DSE Assessment

...ould also look at employees who come back with a near perfect score as well, as most people tend to treat them as a tick list and dont want much envolvment. You may want to look at involving your IT department as they should help lead something like this as most of the issues I seemed to get back were IT related. There are also a number of different websites (if you need them) that can help with how to aset up a workstation correctly. However, as it has already been mentioned above, most people tend to adjust these to suit there own needs and comfort zones.

Comment | 30 Sep 2008