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In addition the EA is a bit of a red herring . For pre-emps I would normally say: the employee has a history of musculoskeletal issues that have been previously aggravated by DSE work. The following adjustments are advised to enable Mr X manage their health and provide a regular and effective service: - fully adjustmabel chair., verticle mouse etc. Then comment on the EA In my opinion this condition is likely to warrant consideratoin under the terms of the EA because: - it causes impairment of abiliity to undertake normal day to day activities - the impairment is substantial discounting effects of medical treatment to date - it would likely be considered "long-term" as defined by the Act. Hoep that helps Carr On 24 May 2012 15:55, Carr Barnes <[log in to unmask]> wrote: > Hi Richard > > Normally it is pretty easy to say whether the EA applies or not. > > You have to focus on their non work abilities - are these > substantially impaired? If yes it it a continuous impairment. If yes is the > duration > or likey to be > 12 months discounting treatment? If yes then EA > likely to apply. > If not continuous is it recurring and is the recurrence more often than > not? If yes and substantial then EA likely to apply. > > I always point out that if EA unlikely to apply normal employment > legislation in relation to reasonable adjustments will still need to be > considered. The EA is not the only standard/duty of care ... it is in > addition to all other standards and duties of care. > > The attached document is excellent and I refer to it almost daily. > On 24 May 2012 15:42, richard chalkley (IAH-C) < > [log in to unmask]> wrote: > >> I would value everybody on the lists opinion on the following:**** >> >> ** ** >> >> Does the Equality Act apply to the following person?**** >> >> ** ** >> >> The desk-based individual has, over the last several years had recurrent >> issues relating to display screen equipment use. There have been back pain >> issues resolved with a high specification chair providing good lumbar >> support and upper back / neck support. Also wrist pain issues (query Carpal >> Tunnel or similar) resolved through a combination of vertical mouse, wrist >> rests and the provision of Dragon NaturallySpeaking software.**** >> >> ** ** >> >> The person is now largely pain free and able to work productively. All >> the adjustments have been provided by the employer when recommended but now >> amount to an investment of some £2,000**** >> >> ** ** >> >> When the person visits another site and has to work without adaptations >> for periods of several days (which they do without complaint) pains return >> in their back neck and wrists return within a couple of days.**** >> >> ** ** >> >> If this person was applying for jobs, would you consider that this person >> was ‘disabled’ under the terms of the Equality Act? In other words, should >> this be declared up front and must a new employer make similar provision >> for this person as they are used to in their current post?**** >> >> ** ** >> >> Regards,**** >> >> ** ** >> >> Richard.**** >> ******************************** Please remove this footer before >> replying. >> >> OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html >> >> CONFERENCES AND STUDY DAYS: >> http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH >> > > ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH