Why should we obtain medical evidence if an employee has a medical condition? Problems can arise where an employee is off long term or has short persistent absence for the same reason. The reason for this is that the employee may have a disability under the Equality Act 2010..
We have all heard the expression “the customer is always right” and for many companies this lies at the cornerstone of their business. However, in the recent case of Mr G Hardy v Topps Tiles plc , the employment tribunal concluded that the employer took this approach too far …
In Stott v Ralli Ltd, the Employment Appeal Tribunal (EAT) recently considered whether an employment tribunal had made an error when it held that an employer’s decision to dismiss an employee on the basis of her poor performance was not an act of discrimination arising from the employee’s disability
What should you consider when employing someone with a long-term health condition? Employers will be aware that they cannot ask a potential employee if they have any medical conditions when conducting the recruitment process..
It is contrary to the Equality Act 2010 for employers to ask job applicants questions about their health before offering them employment. The reasoning for this is to avoid disability discrimination (whether consciously or unconsciously) in the recruitment process.
It is hard to believe that it was only in 1995 that the Disability Discrimination Act 1995 was passed, making it unlawful to discriminate against someone because of their disability.
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