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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 ******************************** 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