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The UK has introduced new laws increasing the rights of temporary workers. Linda Goldman and Joan Lewis find out what this means for firms hiring agency staff. There was a [...]

With swine flu now officially confirmed as a global pandemic, what steps can be taken to limit the spread of the virus within the workplace? Joan Lewis and Linda Goldman [...]

Linda Goldman and Joan Lewis take a look at where the duty of care to employees really lies. Work-related stress, depression and anxiety caused the loss of 13.8 million working [...]

The burden of proof in cases of medical negligence is about to shift. Linda Goldman and Joan Lewis explain what this will mean for OH professionals. When the facts of [...]

Linda Goldman and Joan Lewis explain the legal implications for employers of long-term absence. CASEBOOK Tel Corporation (UK) Ltd v Daw (2007) IRLR 355 Ms Daw suffered from post-natal depression, [...]

Presents a guide for all the important employment law of the British government in 2005 and the impact of the law on occupational health. Conduct of Employment Agencies and Employment Business Regulations 2003; Disability Discrimination Act 1995; Equal Pay Act 1970; Employment Practices Data Protection Code: Part 4: Information about Workers' Health.

The article focuses on the guidelines published by the Chartered Institute of Personnel and Development (CIPD) on dealing with cancer in the workplace. It covers diagnosis, communication, treatment, convalescence and return to work. The CIPD proposes that the employer makes early contact with the employee for good will, but without being intrusive. It also proposes a phased return to work, a reduction of physical and psychological stress, and altered time management, if necessary.

The article discusses issues concerning the existence of bullying in workplaces. Bullying is closely linked with harassment. It is behaviour that is offensive, intimidating, malicious or insulting. Legal protection from bullying is discussed. Moreover, laws such as Protection From Harassment Act 1997 and Malicious Communications Act 1998 are cited.

The article focuses on the roles of occupational health (OH) professionals in addressing long-hour of work and sickness absence among employees in Great Britain. The absence rate per employee in 2005 is cited. The breaks provided under the Working Time Regulations of 1988 are mentioned. The problems facing a company if an employee's health suffers are tackled. INSET: CASEBOOK.

This article presents information on how employers and staff in Great Britain can avoid problems during the holiday season by implementing occupational health and human resource policies. The employer has duties and obligations under the Health and Safety at Work Act of 1974 and other legislation such as the Management of Health and Safety at Work Regulations 1999. There are also industry-specific regulations covering particular sectors. INSET: CASEBOOK.

This article looks at the issue of age discrimination and equality in the workplace in Great Britain. Age will no longer to be the basis of assumptions concerning ability or capability. As traditional retirement ages will be a thing of the past, consideration should be given to requests of the older workforce for flexible work arrangements along similar lines to the provisions set out in the flexible working, regulations. INSET: CASEBOOK.

Emphasizes the need for employers to establish an employee training programme to prevent discrimination in the workplace. Principles of liability that apply to discrimination issues that arise in the workplace; Importance of an effective grievance procedures to enable employees to raise their concerns; Factors to consider in implementing a successful equal opportunities training programme.

Discusses the legal rights of employees facing bereavement. Psychological effects of bereavement on employees; Role of occupational health personnel in the counseling of bereaved employees; Provision of Great Britain's section 57A of the Employment Rights Act 1996 which sets out compassionate leave for grieving workers.

Focuses on the importance of labor laws to ensure the successful return of an absent employee to the workforce in Great Britain. Steps to resolve capability issues based on the Dispute Resolution Regulations; Statutory definition of discrimination under the Disability Discrimination Act 1995; Guide for employers in getting employees back to work safely.

Focuses on the Management of Health and Safety at Work Regulations of 1999 developed by the British Health and Safety Executive. Focus of the health policy on risk containment; Importance of risk assessment to promote workplace health and safety; Duty imposed to employers to provide their employees with information necessary for their health and safety at work.

Examines a legislation designed to promote equality for all ages within the workforce in Great Britain by year 2006. Coverage of the law; Issue on age discrimination in employment and vocational training in Great Britain; Parameters to be used by employers or providers of vocational training when justifying age-related criteria; Implications of the law to the calculation of compensation benefits and pension funds.

Examines the impact of an improvement notice by the Great Britain Health and Safety Executive (HSE) requiring the improvement of working conditions to reduce stress in West Dorset Hospital's National Health Service Trust. Association between stress and criminality; Guidelines of the HSE.

Examines how the Employment Practices Data Protection Code on Monitoring at Work published in June 2003 can help occupational health comply with the Data Protection Act and encourage employers in Great Britain to adopt good practice. Responsibilities of data control; Sketchplan of data protection principles; Effect of the code of practice on workplace monitoring.

Focuses on the severe acute respiratory syndrome (SARS) epidemic. Ways of transmitting SARS; Role of occupational health professionals in the prevention and rehabilitation of SARS-infected patients; Clinical manifestations of SARS; Efforts to prevent SARS transmission. INSET: Case round up.

Focuses on the role of occupational health professionals in advising the right course of action regarding cases of alcohol use and abuse among employees. Discussion on company alcohol policies; Details on how to deal with a drunken employee; Information on Internet addiction. INSET: Case roundup.

The article discusses the application of alternative dispute resolution (ADR) the workplace setting. ADR includes systems designed for non-confrontational resolution of differences between parties, an alternative to going to court. Conciliation is an option that is conducted by an impartial individual where settlement offers are taken from each side until a compromise is reached. Different types of mediation include evaluative, facilitative and transformative.

The article discusses the application of psychometric testing and how it relates to disability discrimination in the workplace. It relates that psychometric testing has replaced the now defunct pre-employment health questionnaire and is now used at any stage of the recruitment process. The assessment can determine the need for physical adjustments for the employee like time extensions. Also discussed is how the employer must handle employees with Asperger's syndrome and other disorders in the absence of the test or pre-employment assessment.

The article focuses on issues surrounding recommendations in the assessment of an employee's fitness for work. In the case, Stokes v GKN (Nuts & Bolts Ltd) (1968) I WLR 1776, the company doctor decided not to inform the staff that they were at risk of developing scrotal cancer in order to keep their morale higher and the court held that the company would have known of the risks if it had used a competent doctor. Employees returning to work may be given a phased return to work, amended duties, altered hours and workplace adaptations.

The article discusses various issues concerning employees with bipolar disorder in Great Britain. It explains the provisions of the Disability Discrimination Act 1995 (DDA) that relate to employees with bipolar disorder. Clinical information on bipolar disorder is presented. A discussion on the case Department for Work and Pensions (DPW) v Hall, filed at the Employment Appeal Tribunal, is offered, along with the application of the DDA in the case.

The article discusses factors that lead to an efficient pre-employment vetting through a proper facilitation of employment screening such as interviews. In order to avoid unnecessary strife, it is suggested that employers should ask the right questions during the screening process including the candidate's health background. It must be stipulated that a non-disclosure of significant information would give an employer the right to terminate, the authors suggest. A detailed questionnaire must be a requirement in the screening process.

The article discusses the issue of employees who become ill during a pre-planned annual leave in view of the European Court of Justice (ECJ) ruling in the Pereda v Madrid Movilidad SA case. The ECJ ruled that if an employee becomes sick during a planned annual leave, another annual leave must be provided to them in a different period. The ruling contradicts the provisions of the Working Time Regulations 1998. The absence reporting procedures of employers and the reasons and conditions to justify an absence is also discussed.

The article explains the data protection responsibilities of occupational health (OH) departments under the Data Protection Act 1998. It discusses the protection of data by appropriate technical and organizational measures to ensure security and integrity, the access of employees to medical records held by human relations professionals, and the purpose of OH interventions in cases wherein the workplace medical information of an employee is withheld by the employer. Also tackled is the disclosure of data through a Subject Access Request application.

The article discusses legal aspects of the Disability Discrimination Act of 1995, the purpose of which is to ensure that the disabled are able to work. Disabilities can be visible or invisible to the observer. The authors suggest that adjustments to the work environment must be made to accommodate the disabled worker with no visible or physical sign of disability.

The article discusses the implementation of the Health and Safety (Offences) Act 2008 in Great Britain beginning January 16, 2009, which imposes more severe penalties for managers who do too little to reduce the risk of death and injury of their staff. The law provides that any individual convicted of a health and safety offence is eligible for a sentence of imprisonment within the range of available penalties. For a prosecution to succeed, knowledge of, or connivance in, the offence is required.

The article explains the implications of the Equality Bill to disability discrimination and occupational health in Great Britain. The purpose of the bill is to consolidate the plethora of discrimination statutes and offshoot regulations, many of which overlap in intention, if not in their titles. A key feature is the proposal to simplify the approach to indirect discrimination by creating a test of whether a disadvantage to particular employees has arisen where a provision, criterion or practice has been applied to all employees.

The article discusses the decision of Great Britain's House of Lords on Lewisham LBC v Malcolm which overturned the longstanding disability discrimination principles based on the Clark v Novacold case. The House of Lords held that the Clark case had been decided incorrectly. The appropriate comparator where a disabled employee is dismissed after long-term sickness absence is not a person who has not been absent from work.

The article discusses the importance for British occupational health (OH) practitioners to deal with stress at work. A positive occupational health stance will help reduce the factors likely to cause or contribute towards mental illness associated with work. In Morgan v Staffordshire University, the Employment Appeal Tribunal held that the casual use by general practitioners of terms such as stress, anxiety or depression will not amount to evidence of a disability for the purposes of a discrimination claim.

The article focuses on why occupational health practitioners should look at employees who suffer from information - processing disorders. Attention Deficit Hyperactivity Disorder (ADHD) is commonly thought of as a childhood syndrome, but when it extends into adulthood, the criteria is consistent with disability. Adults with ADHD, seeking employment or already in a job, are likely to be protected by the Disability Discrimination Act 1995 (DDA).

The article explains the legal implications of public interest disclosures or whistleblowing in Great Britain. The Public Interest Disclosure Act 1998 (PIDA) protects employees from being dismissed as a result of whistleblowing. The law was passed because of the prevalence of employee dismissal after they revealed issues relevant to them and the company. The authors explain the protection provided by the Act to whistleblowers. They also clarify the application of the whistleblowing policy.

The article explains the process of flexible working in Great Britain. There are three elements to the concept of flexible working. The first two are from the employee's perspective. The third is flexibility required by the employer, which may be a component of the contract of employment. In McCann v Allander Security, a case heard in the Employment Appeal Tribunal in 1999, the employee's claim failed because he had accepted a contract that gave the employer the right to change his rate of pay, hours of work and place of work.

The article examines the legal implications of the smoking ban in workplaces and enclosed public areas to be implemented in England beginning July 1, 2007. The ban extends to every sort of workplace, including pubs, clubs and restaurants. Premises that allow people to smoke as well as individuals who ignore the ban will be liable to a fine. The only noticeable exemption that is of any significance to the nation is that of the Royal Palaces.

The article offers information on the Employment Equality (Age) Regulations implemented in Great Britain. The law is colloquially known as the Age Discrimination Regulations. It will be implemented on October 1, 2006. The government has set a default retirement age of 65. Under the law, age discrimination occur when a person treats another person less favorably.

This article presents legal issues in line with the legislation protecting mothers' rights in the occupational health workplace. Statutory maternity leave is a woman's legal entitlement to take leave from work for a period prior to, including and following childbirth. The Management of Health and Safety at Work Regulations 1999 provide for risk assessments to be carried out for pregnant women and those who have given birth within the previous six months.

Focuses on the responsibilities of occupational health professionals during holidays and vacations under the proposed Working Time (Occupational Health Amendment) Regulations in Great Britain. Importance of risk assessments to avoid repetitive strain injuries on lever-operated gambling machines; Guide for compiling a written report prior to sporting vacations; Need for health professionals to consider the safety of beaches for a particular purpose. INSET: CASEBOOK.

Focuses on the health-related issues surrounding doctors in the National Health Service (NHS) in Great Britain. Effect of doctor's health on the quality of health care they provide; Ways in which NHS responds to patient complaints against doctors; Ethical and practical duties of doctors.

Offers ideas on recognizing and managing job-related stress. Influence of stress on productivity; Overview of a study on the role of job stress and psychological factors in the development of muscoloskeletal disorders; Factors that need to be considered in job stress management. INSET: CASEBOOK.

Explains the standard and modified procedures for unfair dismissal claims. Cases wherein the standard and modified dismissal and disciplinary procedure arise; Distinction between the standard and modified grievance procedures; Degree of flexibility in the time limits for presenting claims to the employment tribunal.

Discusses whistleblowing cases in Great Britain line with occupational health nurses who are often pressured by employers to disclose confidential information. Employment protection rights under the Whistleblowers' Act of Great Britain; Incidents that would allow an employee to make the disclosure; Information on reasonable belief and good faith of the person making the disclosure. INSET: CASEBOOK.

Focuses on a guidance provided by the British Court of Appeal about proper practice that employers should follow in stress claims. Information on how occupational health professionals should tackle stress in relation to court cases; Details of the case Stokes versus GKN (Bolts and Nuts) Ltd., where the medical adviser of GKN failed to alert employees of the risk of overalls being steeped in carcinogenic mineral oils; Decision of the court on Barber versus Somerset County Council.

Discusses the rights of British employees who are assigned to work abroad. Responsibilities of employers in ensuring the health and safety of transferred employees; Terms of the contract of employment; Background of a court case on unfair dismissal and discrimination in employment; Information on the protection of employees abroad according to the Employment Rights Act; Rights of employees working in European Union states.

Examines the cardholder internal placement scheme of the Occupational Health (OH) Smart Card Scheme of the British National Health Service. Differences in the color and presentation of smart cards for consultants, doctors and occupational health practitioners; Concerns about the cloning of OH cards; Issues surrounding the use of chips as a alternative to smart card.

Discusses the legal consequences of engaging workers under agreements other than contracts of employment to avoid employer obligations. Need for the absence of mutuality of obligation; Judgments in related cases; Recommendations.

Focuses on the establishment of the Department of Occupational Health in Great Britain. Location of its headquarters; Efforts of the government towards occupational health (OH); Implication of the department formed for the OH team. INSET: Casebook.

Offers a look at the implications of the Employment Practices Data Protection Code published in Great Britain in 2004 for occupational health professionals on the management of employees' health records. Recommendations of the code for employers on ensuring data protection; Right of employees to refuse consent from giving health information; Provision for storing sickness and injury records under the code. INSET: SUPPLEMENTARY GUIDANCE.