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About this class Most employers and occupational health staff are faced with difficult decisions concerning fitness for work, whether this be recruitment decisions or decisions concerning a return to work after a spell of sickness absence. The impact of the Disability Discrimination Act 1995 has made itself felt in many important decisions coming from the Employment Tribunals. Who will the lesson benefit? - Experienced practitioners who wish to update themselves in areas of occupational health and the law
- HR managers
- Occupational health physicians
- Nurses
- Line managers
- Health and safety managers
What delegates will learn - A better understanding of the law and good practice in dealing with ill health cases
- An understanding of the ethical issues of confidentiality and consent and what your doctors and nurses can and cannot tell you
- Up-to-date information on the new data protection rules and guidance from the Information Commissioner on worker's health and medical records
- Up-to-date knowledge of the impact of the Disability Discrimination Act 1995, the new DDA regulations 2004 and the most recent case law
- Model precedents for sickness absence and other ill health policies
- Questions answered by two leading experts in the field of occupational medicine and the law
- Ability to return to your company and implement some practical solutions to difficult problems
Contents of this class The law and ethics of medical assessments - data protection - Latest FOM guidance on ethics 2006 - meaning of informed consent and confidentiality
- Hartman and other cases discussed
- The latest developments in data protection
- The implications of the Durant vs. FSA case
- The Information Commissioner's revised guidance following Durant
- Part 4 Code of Practice on 'Workers' Health Information'
- Impact assessments and how to do them
Age discrimination Regulations 2006 - health and age Stress, anxiety and depression - how to deal with these issues - The law and policy
- Hartman in CA discussed and Barber
- House of Lords
- The latest rulings on stress in the workplace including Mark Hone and Suzanne Vahidi's cases
- Surrey Police vs. Marshall and University of Staffordshire vs Morgan - revisited following new statutory definition of 'mental impairment' in DDA2005
- Making reasonable adjustments under the Disability
Discrimination Act 1995 as amended - Examples of reasonable adjustments
- Recent case law including Williams vs. J Walter Thompson Group Ltd
- Sickness and stress
- triggered by discipline or performance investigations
- Drafting a sick pay clause to deal with 'stress' absences caused by disciplinary issues
- Offering options to those who go off with stress to avoid a disciplinary hearing - latest Guidance from ACAS
- Conduct during sickness absence
- Using private detectives and Human Rights Act 1998 and the use of covert surveillance
- HSE Stress Management Standards - how to adapt them to your own organisation the law and medical issues for 2006
Sickness absence - the latest good practice in managing sickness absence - How disability discrimination overlaps with some sickness cases
- The definitions under the DDA Regulations 2003
- New definition of 'mental impairment' under 2005 Act
- New conditions included
- 'Excluded' conditions and new case law
- Edmund Nuttall Ltd vs. Butterfield
- Experts
- Using experts in DDA cases
- Dunham vs. Ashford Windows
- Obtaining medical records and conflicting reports
- Assessing medical reports
- Employees who refuse to give consent to disclosure of medical records and medical reports
- Hanlon vs. Kirklees Borough Council
- MED 3 and the 'new' GP contracts
- How to deal with persistent, short-term sickness and chronic, acute or long-term sickness absence
- How to deal with malingerers
- Bailey vs. BP Kent Oil Refinery Ltd
- Hutchinson vs. Enfield Rolling Mills
- Drafting a procedure for dealing with malingerers
How to assess fitness to return to work - Asking the doctor the right questions
- Expert evidence
How to use your OHP service to assist in short-term, unrelated sickness absence cases and the acute or long term sickness cases - Rehabilitation
- Early retirement on ill health grounds
- Permanent Health Insurance cases
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