Hi Rachel
I too have come across a similar response from managers (even HR
advisors as well), whilst I include a statement along the same lines as
you that it is essentially only a court of law that can form a
definitive answer as to whether an employee is covered under the EA I
also state that in my professional opinion I would take the stance that
in all probability said employee ..... could be viewed as falling within
the remit of the EA therefore it would be advisable to assess whether
there are any reasonable adjustments and / or adaptations that if put in
place would help to support said employee.... within the workplace and
the context of their employment.
Managers can sometimes get a bit twitchy with regards anything to do
with legal issues but I take the stance that as OH practitioners we have
a duty to pass comment on possible EA issues as this is best for the
employee and the company.
Kind regards
Anne-Marie Bird
Occupational Health Advisor
Human Resources
Business Support Directorate
Hull City Council
Tel: 01482 613333
email: [log in to unmask]
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of Rachael Mclachlan
Sent: 17 August 2012 14:41
To: [log in to unmask]
Subject: [OCC-HEALTH] Equality Act grilling
Hi All,
I am hoping some of you may be able to guide/reassure me on
something...after quite a grilling!!!
A management referral asks the question 'Is this condition covered under
the Equality Act?' My standard response is always as follows;
"Ultimately it is a legal decision as to whether the EA will apply to
individual situations. however, based on the information opbtained at
the time of consultion , it is my opinion that it may/may not be
applicable to this case". If it is, I would normally put in an
additional sentence stating that "this should be borne in mind when
considering any reasonable adjustments"
The manager is far from happy that I am making reference to the term
'legal', and is far from happy that the employee is also advised of this
and may make them concerned for their job. He also is concerned that we
are answering that question so early in the process (first
consultation).
I have reiterated that it would be a tribunal that would decide at the
end of the day, and I am only giving my OH opinion advising the company
so they are aware that they have an obligation to an individual. I
also added that the employee has a right to see any information that is
passed onto management.
Has anyone had any experience of this? What is your response when
answering this question?
I look forward to your feedback and also any comments positive/negative
about my standard response.
Thanks
Rachael
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