The manager asked for an opinion and you gave one. Not sure what they are
objecting to in your response, their objection to the term "legal" is nit
picking perhaps. I would have made the same sort of response, I think your
term legal was to simplify your response. Perhaps a more wordy intro: rather
than using the term "legal" I would have stated that whether the EA would
apply in any particular case would be a case for a tribunal to decide but
you are giving a general recommendation as to the likely outcome.
I wonder if the manager is just trying to cover their back and doesn't want
the employee using this response against them. They seem to want a crystal
ball approach from you but find the answer they receive a little
uncomfortable as it puts the onus back on themselves. Unfortunately, they
can't have their cake and eat it. A good manager would put the appropriate
modifications in place to assist the person to return to or stay in work. If
that is the case then whether the EA applies is perhaps irrelevant and
perhaps a chat with the manager regarding this may not go amiss.
Anne
Anne Harriss
Course Director - OH NURSING AND WORKPLACE HEALTH MANAGEMENT PROGRAMMES
LONDON SOUTH BANK UNIVERESITY
On 17/08/2012 14:41, "Rachael Mclachlan" <[log in to unmask]> wrote:
> 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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