Chapter 3 of "Discrimination Law and Occ Health Practice" Kloss & Ballard 2012 assists with your enquiry Jacqui.
The key element of this law is protection of those who are disabled.
Definition of disabled "has a physical or mental impairment and it has a substantial and long term adverse effect on the person's ability to carry out normal day to day livings".
The book gives good description of direct, indirect, associative and perceptive discrimination.
Most importantly if the person does not meet the definition of disabled than the employer does not have to comply with any of the provisions on disability in the EA.
I hope this helps with your original enquiry.
Kind Regards
Janet Patterson RGN, RSCPHN- OH, MMEDSci, CMIOSH
Director – OHN Services
Black and Banton
Tel: 0191 487 10 40 / mobile 07557 768112
Black and Banton providing occupational and physical health services: health surveillance - medicals - drugs and alcohol testing - HAVS, ergonomics - stress management - sickness absence - training - health promotion campaigns - osteopathy - remedial massage - sports injuries - deep tissue massage - bad back treatment - stress counselling - offshore medicals - injury prevention advice - flu and travel vaccinations - first aid training
The information contained in this email is intended only for the use of the person(s) to whom it is addressed and may be confidential or contain legally privileged information. If you are not the intended recipient you are hereby notified that any perusal, use, distribution, copying or disclosure is strictly prohibited. If you have received this email in error please immediately advise us by return email and delete the email document without making a copy.
Black and Banton Limited reserves the right to monitor e-mails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.
Registered in England and Wales No. 04423463 at C4 Kingfisher House, Kingsway North, Team Valley, Gateshead UK NE11 0JQ
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Liz Hansen
Sent: 17 November 2015 07:27
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] OCC-HEALTH] Disability by way of being a carer
My understanding is that associative discrimination within the terms of the EA only applies to the main carer. If employee`s relative is in a care home, the employee is no longer considered the main carer as the care home is now responsible for the care.
However, having a relative in a care home whether or not they are coming to the end of their life is a very distressing and time consuming state of affairs (believe me ... I have the T-shirt x 2). Time off to deal with this may well be covered under other employment policies/law.
Regards,
Liz
Janet Patterson <[log in to unmask]> wrote:
>HI
>Good reference Catherine - many thanks.
>I think the application to the Act depends upon the nature of the application.
>Associated discrimination - good example of unfair dismissal / constructive dismissal.
>
>In our context of health - which is what I understood to be the enquiry - the disabled person is the one who would require adjustments - not the carer. Employees under the Equality Act are not required to make adjustments for a carer.
>I need my book to back this up..
>
>-----Original Message-----
>From: [log in to unmask] [mailto:[log in to unmask]] On
>Behalf Of Catherine Mackay
>Sent: 16 November 2015 19:33
>To: [log in to unmask]
>Subject: Re: [OCC-HEALTH] Disability by way of being a carer
>
>CONFIDENTIAL EMAIL - INTENDED RECIPIENT ONLY
>
>Dear Janet
>
>It's associate discrimination and this is the case law:
>
>EBR Attridge Law LLP & anor v Coleman - Bailii
>www.bailii.org/uk/cases/UKEAT/2009/0071_09_3010.html
>
>Best wishes
>
>Catherine
>------------------------------------
>Catherine Mackay
>Director/Health at Work Specialist
>l: +44 131 445 4448| m: +44 7956439163
>e: [log in to unmask]
>w: www.cmkhealthatwork.com
>
>This email, and any files transmitted with it, are confidential and
>intended solely for the use of the individual or entity to whom they
>are addressed. If you have received this email in error, please notify
>[log in to unmask]
>
>Views or opinions presented in this email are solely those of the author and do not necessarily represent those of CMK Health at Work Ltd. The recipients should check this email and any attachments for the presence of viruses. CMK Health at Work Ltd scans emails for viruses but accepts no responsibility for any damage caused by any virus transmitted by this email.
>
>
>
>On Mon, 16 Nov 2015 19:04:36 +0000, Janet Patterson wrote:
>> I need to go back to my books as I don’t think EA covers a “carer” in
>> the sense of disabled – it covers the person with a disability.. An
>> employer doesn’t have to make adjustments for their employee who
>> carers for someone unless of course the carer has symptoms / health
>> issues that may be considered as a disability.. I can check my
>> Ballard book on this if anyone feels this is not the case (not got it
>> to hand at present).
>>
>> FROM: [log in to unmask] [mailto:[log in to unmask]] ON
>> BEHALF OF jacqui livock
>> SENT: 15 November 2015 12:49
>> TO: [log in to unmask]
>> SUBJECT: [OCC-HEALTH] Disability by way of being a carer
>>
>> Hi
>>
>> I have been asked a question, as we know the EA can apply if employee
>> is caring for a disabled person.
>>
>> What if the person being cared for is in a "care home" which is poor
>> and not delivering care to the individual so employee goes in every
>> day to deliver the care the person should be getting ?
>>
>> Processes are underway for the complaints procedure etc but the
>> employer has asked...technically is the employee responsible for care
>> of their loved one and as such should adjustments be made?
>>
>> Never straight forward is it?
>>
>> Jacqui
>>
>> ******************************** Please remove this footer before
>> replying.
>>
>> OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html
>> [1]
>>
>> CONFERENCES AND STUDY DAYS:
>> http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH [2]
>> ******************************** Please remove this footer before
>> replying.
>>
>> OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html
>> [3]
>>
>> CONFERENCES AND STUDY DAYS:
>> http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH [4]
>>
>> Links:
>> ------
>> [1] http://www.jiscmail.ac.uk/lists/occ-health.html
>> [2] http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
>> [3] http://www.jiscmail.ac.uk/lists/occ-health.html
>> [4] 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
>
>
>********************************
>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
********************************
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
|
