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Also reassure him that it's is all a bit of a red herring anyway and as long he follows best practice regarding adjustments as advised by HR then it is business as usual. And that the EA is employment legislation matter not a medical condition in the same way maternity leave is an employment legislation matter.
Regards, Carr
Hi
I have had this occasionally. I know there are differing views on this site about whether such an opinion should be offered at all but I find that in a commercial environment it is mostly required and useful to justify adjustments. In fact it is usually the company lawyer that is asking the question.
The concerns often come from managers who are not comfortable in their own managerial skin but once they understand you are working on the positive aspects of how to get someone back to work and the chances of the employee using your OH report to sue the pants off anyone they can are really very slim, they are fine with it.
Thanks
Lindsey
-----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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