Workplace stress round-up

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Workplace stress round-up"

Transcription

1 Workplace stress round-up Workplace stress is an issue employers can ill afford to ignore, with recent research highlighting its impact on workers physical as well as mental health. In this article, we examine the key legal issues which can arise from complaints of work-related stress, looking at the demands placed on employers in terms of monitoring the wellbeing of their workforce and responding to complaints of excessive workloads. As a term, workplace stress is imprecise and capable of a number of different interpretations. The Health and Safety Executive (HSE) s definition is probably the most illustrative, categorising stress as the adverse reaction people have to excessive pressure or other types of demand placed on them. The HSE draws a distinction between pressure, which can be a positive state if managed correctly, and stress, which can be detrimental to health. In employment, stress and stress-related illnesses can be caused by poor communications, strained working relationships, excessive workload, job insecurity, role ambiguity, bad workstation design, boredom, harassment, bullying and violence. Employers are subject to myriad legal obligations in respect of their employees health and well-being, which arise not only from health and safety law breach of which is a criminal offence but from the law of negligence, contract and discrimination. As will become clear below, these obligations do not begin with employees being diagnosed with psychiatric illness, but extend to managing overworked staff to avoid their developing the symptoms in the first place. Health and safety law The Health and Safety at Work etc Act 1974 requires employers, so far as is reasonably practicable, to ensure the health, safety and welfare at work of their employees S.2(1). This broad definition clearly extends to taking steps to prevent stress-related illnesses. In addition, employers must carry out an assessment of the risks to employees health under Reg 3(1) of the Management of Health and Safety at Work Regulations 1999 SI 1999/3242, and the HSE has recommended that this ought to include consideration of the threat to employees psychiatric health from occupational stress. Where the assessment highlights a potential health issue, employers must take reasonable steps to limit the risk and monitor the situation, otherwise they could be committing a criminal offence. Since October 2003, employees may also bring civil claims for breach of statutory duty against employers who are in breach of the 1999 Regulations. The HSE and local authorities have the job of enforcing the health and safety legislation, and can issue an improvement notice requiring an employer to rectify a breach of the HSWA or, if it causes a risk of immediate danger, a prohibition notice to stop the hazardous operation. Non-compliance is a criminal offence and can lead to an unlimited fine or up to two years imprisonment. The first improvement notice to reduce work-related stress served on a large employer was issued in 2003 against the West Dorset General Hospitals NHS Trust. The Trust was warned that it faced fines unless it changed some of its working practices to reduce occupational stress at one of its hospitals. The notice was subsequently lifted after the hospital took steps to remedy the issues identified by the HSE. In general, the HSE has said that it intends to carry out work-related stress audits as part of its routine inspections. However, this comes against a backdrop of budget cuts and a fall in the number of inspections. Working Time Regulations It is widely recognised that long working hours and night working pose an increased risk to health and safety. In fact, the EC Working Time Directive (now No.2003/88), which provides a framework for regulation of these areas, was implemented as a health and safety rather than a social policy measure. Thus, the Working Time Regulations 1998 SI 1998/1833, which implement the Directive, should be interpreted with health and safety in mind. Employers are under a duty to take all reasonable steps to ensure the limits contained in the Regulations such as the 48-hour week (if the employees have not contracted out of it) and the limits on night working are complied with. For a full examination of the Regulations, see IDS Employment Law Handbook, Working Time (2005). Employers liability In addition to health and safety obligations imposed by statute, employers are under common law duties to ensure the health and safety of their employees. There is an implied duty under the employment contract itself for the employer to take reasonable care to ensure employees safety. However, most of the leading cases in the area have been couched in the terms of the tort of negligence, which the contractual duty essentially mirrors. An employee will have a valid negligence claim if his or her employer has breached its duty of care to protect the employee, and the employee suffers a reasonably foreseeable physical or psychiatric injury (as opposed to merely the symptoms of stress) as a result. 14 i Employment Law Brief 848 March 2008

2 The Hatton Guidance the threshold question is whether this kind of harm to this particular employee was reasonably foreseeable: this has two components, (a) an injury to health (as distinct from occupational stress) which (b) is attributable to stress at work (as distinct from other factors). Factors likely to be relevant in answering this question include the nature and extent of the work done by the employee and any signs from the employee of impending harm to health foreseeability depends upon what the employer knows (or ought reasonably to know) about the individual employee. An employer is usually entitled to assume that an employee can withstand the usual pressures of the job unless he knows of a particular problem or vulnerability no occupation should be regarded as intrinsically dangerous to mental health an employer is generally entitled to take what he is told by his employee at face value, unless he has a good reason to think to the contrary to trigger a duty on the employer to take steps, the indications of impending harm to health arising from stress at work must be plain enough for any reasonable employer to realise that he should do something about it the employer will only breach the duty of care if he has failed to take the steps which are reasonable in the circumstances, bearing in mind the magnitude of the risk of harm occurring, the gravity of the harm which may occur, the costs and practicability of preventing it, and the justifications for running the risk the size, resources and scope of the employer s operation, and the need to treat other employees fairly, can all be taken into account in determining what is reasonable an employer can only reasonably be expected to take steps which are likely to do some good: the court is likely to need expert evidence on this an employer who offers a confidential advice service, with referral to appropriate counselling or treatment services, is unlikely to be found in breach of duty if the only reasonable and effective step would have been to dismiss or demote the employee, the employer will not be in breach of duty in allowing a willing employee to continue in the job Injury must be reasonably foreseeable The aspect of the negligence test on which stress claims stand or fall is nearly always whether the employee s psychiatric injury was reasonably foreseeable by the employer. The key guidance in this regard (see the box above) was set out by the Court of Appeal in Sutherland (Chairman of the Governors of St Thomas Becket RC High School) v Hatton and other cases 2002 IRLR 262 (Brief 704). One of the Court s key findings was that an employer will be entitled to assume that an employee can cope with the normal pressures of a job unless the employer knows of something specific about the job or the individual concerned that should make him consider the issue of psychiatric injury. Furthermore, an employer is not obliged to make intrusive enquiries, and is generally entitled to take what he is told by his employee at face value. On appeal from the Court s decision in Hatton, the House of Lords, in Barber v Somerset County Council 2004 ICR 457 (Brief 756), stated that the Court s guidance was useful, but was nevertheless only guidance. Thus, the statement of Mr Justice Swanwick in Stokes v Guest, Keen and Nettlefold (Bolts and Nuts) Ltd WLR 1776 remained the guiding principle: the overall test is still the conduct of the reasonable and prudent employer, taking positive thought for the safety of his workers in the light of what he knows or ought to know... where there is developing knowledge, he must keep reasonably abreast of it and not be too slow to apply it. At first sight, this appears not markedly different from the Hatton guidance. However, their Lordships application of Bolts and Nuts to Mr Barber s case highlighted a shift in emphasis in the test of reasonable foreseeability, restoring the employer s responsibility for taking the initiative where employees report occupational stress. The facts of Barber were as follows. B, a maths teacher, took on extra responsibilities to maintain the same salary following a restructuring. In May 1996 his GP signed him off work with stress and depression. On his return three weeks later, no one discussed his illness with him, so B arranged a meeting with the head teacher, H, to make her aware that he was not coping with his workload. H was unsympathetic, telling him that all the staff were under stress. In July, B arranged separate meetings with the two deputy heads, N and G, at which he explained that his inability to cope was harming his health. N s reaction was similar to H s and, although G was more sympathetic, no steps were taken to reduce B s workload. In November B broke down and was diagnosed as suffering from depression. He sued, and the county court judge held the employer liable in negligence for B s illness. When the case reached the House of Lords, their Lordships held that the employer had paid insufficient regard to the fact that B had actually taken time off work with stress. In addition, B had raised his problems with line managers following his return to work. The employer was therefore alerted to the possibility that B could suffer a psychiatric injury. As to the steps that the school should have taken to safeguard B s health, their Lordships stated that budgetary constraints and the fact that other staff were overworked were not reasons for finding that the school was under no duty to help B. They commented that even a small reduction in his duties, coupled with the i Employment Law Brief 848 March

3 feeling that the senior management team was on his side, might by itself have made a real difference. B was awarded compensation of 72, Case law post-hatton and Barber In recent years, the courts have been called upon on a number of occasions to apply the Hatton guidance. We now consider some of the more interesting points arising. Provision of counselling services As noted above, the Court of Appeal in Hatton suggested that an employer who offers a confidential advice service, with referral to appropriate counselling, is unlikely to be found liable in negligence. This aspect of the Hatton guidance was considered in Intel Corporation (UK) Ltd v Daw 2007 EWCA Civ 70 (Brief 824). There, the Court of Appeal held that an employee s to a manager stating, among other things, that she was stressed out and demoralised, and including a reference to two previous episodes of post-natal depression was crucial to the issue of reasonable foreseeability. Her reference to her previous post-natal depression, in particular should have made her manager realise that there was a connection between the way she was feeling now and those episodes. In the circumstances, urgent action should have been taken to reduce D s workload. IC Ltd had the resources to ameliorate D s situation straight away, and its failure to do so amounted to negligence. In reaching this conclusion, the Court rejected IC Ltd s submission that, applying the guidance in Hatton, the fact that it provided a counselling and medical assistance service was sufficient to discharge its duty of care. Although the Hatton guidance suggested that an employer who offers a confidential advice service is unlikely to be found in breach of the duty of care, each case turns on its facts. In this case, D could not be criticised for not using the counselling service, as it could not have alleviated her problems; only management could have resolved D s situation, by reducing her workload. Relevance of working time law A breach of the Working Time Regulations may be taken into account in determining that a psychiatric injury was reasonably foreseeable. For instance, in Hone v Six Continents Retail Ltd 2006 IRLR 49 CA (Brief 794) a claimant successfully used the Regulations to bolster his argument that his injury had been reasonably foreseeable, where, despite having refused to opt out of the statutory maximum 48-hour week, he had consistently worked around 90 hours a week. Nevertheless, the fact that an employee is working in excess of the 48-hour limit will not, in itself, render any resulting injury reasonably foreseeable. This was made clear by the High Court in Sayers v Cambridgeshire County Council 2006 EWHC 2029 (Brief 813). The Court accepted that S was overworked, and indeed worked in excess of 48 hours a week. It held, however, that this was not sufficient to make S s subsequent psychiatric illness reasonably foreseeable. The overwork was not of a similar scale to that in the Hone case; and, in the absence of any knowledge to the contrary, S s employer was entitled to assume that she was robust enough to withstand the ordinary pressures of the job. Note that, in addition, the Court held that S could not, as an alternative to negligence, claim breach of statutory duty under the Working Time Regulations, based on the employer s failure to enforce the 48-hour limit. In its view, there was no evidence that Parliament intended to create such a cause of action. Intrinsically stressful jobs In Hartman v South Essex Mental Health and Community Care NHS Trust and other cases 2005 ICR 782 (Brief 775) the Court of Appeal considered six stress appeals, four of which concerned foreseeability. Perhaps the most interesting was Melville v Home Office, which involved M, a prison officer, whose duties included the recovery of the bodies of prisoners who had committed suicide. In May 1998, M helped to cut down a body and attempt revival. He subsequently developed a stressrelated illness, and retired on ill-health grounds in The county court found in M s favour on foreseeability, and the Home Office appealed. Before the Court of Appeal, the Home Office referred to the Hatton guidance, arguing that, since it knew of no particular vulnerability on M s part, it had been entitled to assume that M was up to the normal pressures of the job. The Court disagreed. Those parts of the Hatton guidance relied upon by the employer were primarily intended to assist judges considering whether an employer ought to have foreseen the risk of psychiatric injury. In this case, the employer had plainly foreseen that such injury might be suffered by employees exposed to traumatic incidents Home Office documents noted that persons called upon to deal with suicides might sustain injuries to their health and that they should receive support from the prison care team. The Court noted, however, that the mere fact that an employer offers a counselling service should not lead to the conclusion that it has foreseen the risk of psychiatric injury to employees. Furthermore, as the Hatton guidance stated (see above), the availability of such a service will mean that the employer is unlikely to be found in breach of its duty of care even if harm is foreseeable. Physical injury The principles established in Hatton apply equally where an employee claims that he or she has suffered physical rather than psychiatric injury as a result of an employer s breach of duty. This point was emphasised by the Court of Appeal in Harding v Pub Estate Co Ltd 2005 EWCA Civ 553 (Brief 783), where the employee concerned had suffered a heart attack. On the facts, however, the Court decided that H s injury had not been reasonably foreseeable where he had failed to notify his employer 16 i Employment Law Brief 848 March 2008

4 that his working conditions were having an adverse effect on his health; he was an experienced publican able to manage his own hours; and there was nothing to suggest that he was particularly vulnerable. Return-to-work programmes In Garrod v North Devon NHS Primary Care Trust 2006 EWHC 850 (Brief 812) the Trust, knowing that G had already suffered one mental breakdown, failed to prevent her suffering a further two breakdowns, triggered by her having to cover for absent colleagues. The Court upheld G s negligence claim, stating that an employer of the Trust s size and resources ought reasonably to have foreseen the risks of psychiatric harm this situation posed to an individual of known vulnerability, and put appropriate support in place. Moreover, having imposed careful return-to-work programmes after G s first two breakdowns, the Trust had failed to comply with them. Although the Trust had been under no obligation to offer G a return-to-work programme, having done so it could not complain if its failure to adhere to its terms resulted in its sustaining liability. Damages in negligence claims One of the key concerns for employers is the potential financial cost of a successful negligence claim. Damages are not limited by statute and can include compensation for pain, suffering and loss of amenity, along with past and future loss of earnings. Given this, awards can be huge, as evidenced by Green v DB Group Services (UK) Ltd 2006 IRLR 764 (Brief 812). There, G, a company secretary assistant, suffered two mental breakdowns and a major depressive illness having been bullied by colleagues. The High Court found that G s employer was liable in negligence and awarded her 800,000 in compensation, the majority of which was in respect of future loss of earnings. Note that damages will only be assessed to the point at which an employee would have developed a stress-related illness in any event regardless of the employer s breach of duty in Daw (see above), the Court reduced the general damages of 24,000 by a third in recognition of the chance that D would have suffered from depression even if IC Ltd had reduced her workload when problems became apparent. Bullying and harassment A common cause of stress-related illness in the workplace is bullying and harassment. An employer may be both directly liable in negligence where he fails to take reasonable steps to protect an employee from bullying, and vicariously liable for acts of bullying carried out by other employees this was the case in Green (above). Aside from negligence, an employer can also be directly or vicariously liable for bullying and harassment under the Protection from Harassment Act 1997, and the various pieces of discrimination legislation. Protection from Harassment Act As the House of Lords stated in Majrowski v Guy s and St Thomas s NHS Trust 2006 ICR 1199 (Brief 810), an employee may bring civil claims against the employer under the Protection from Harassment Act 1997, arguing that the employer is vicariously liable for the statutory tort of harassment committed by one of his employees. The PHA does not define harassment, thereby potentially covering a wide variety of circumstances. However, to fall within the protection afforded by the Act, the victim must have been subjected to a course of conduct, that is, conduct on at least two occasions S.7(3). Furthermore, for the offence to be made out, it must be shown that the perpetrator knew or ought to have known, objectively judged, that the course of conduct amounted to harassment S.1(1) and (2). Unlike common law negligence claims, there is no requirement under the PHA to show that harm was foreseeable. For more details on the PHA, and the difficulty of establishing liability thereunder, see the Forewords and the case of Conn v Council of the City of Sunderland 2007 EWCA Civ 1492, reported on page 8. Discriminatory harassment The various pieces of discrimination legislation outlaw harassment on the grounds of sex, race, disability, sexual orientation, religion or belief, and age. Essentially, such harassment occurs where, on one of the protected grounds, A engages in unwanted conduct which has the purpose or effect of violating B s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B. The legislation see, for example, S.32 of the Race Relations Act 1976 provides that an employer will be liable for workplace harassment carried out by his employees, unless he has taken reasonable steps to prevent this from occurring see IDS Employment Law Supplement, Bullying and Harassment (2007) for further details. Importantly, in Essa v Laing Ltd 2004 ICR 746 (Brief 751), the Court of Appeal confirmed that personal injury arising out of acts of discrimination do not (as in negligence claims) need to be reasonably foreseeable in order for employees to recover damages. The question is simply whether the discrimination caused the injury to occur. As with the PHA (see above), the discrimination legislation creates statutory torts, which impose absolute liability. Constructive dismissal The law implies into every contract of employment certain terms that impose duties on employers. In the context of work-related stress, three in particular are relevant: the duty not to do anything calculated or likely to destroy or seriously damage the trust and confidence between employer and employee; the duty to provide reasonable support to employees; and the duty to provide a safe workplace. A breach of any of these duties may entitle an employee to resign and claim to have been i Employment Law Brief 848 March

5 unfairly constructively dismissed S.95(1)(c) ERA. Of course, such a breach might also give rise to a common law claim for personal injury, where an employee suffers a psychiatric injury as a result (see Employers liability above). For a topical discussion on the relationship between unfair constructive dismissal claims and common law stress claims, see GAB Robins (UK) Ltd v Triggs 2008 EWCA Civ 17 on page 9 of this Brief. Disability discrimination An employee suffering from a stress-related illness may be protected by the Disability Discrimination Act 1995 (DDA). A disability for these purposes is a physical or mental impairment which has a substantial and long term adverse effect on [a person s] ability to carry out normal day-to-day activities S.1(1). Long-term impairment, for this purpose, means an impairment that lasts, or is likely to last, at least 12 months. This requirement ensures that temporary or short-term stress-related conditions do not attract the DDA s protection, even if they are severely disabling while they last. Prior to 5 December 2005, employees claiming DDA protection on the basis of a mental impairment had to show that they were suffering from a clinically wellrecognised mental illness, such as depression or posttraumatic stress disorder. This requirement was removed because many people with severe mental illnesses did not have a clear diagnosis or may have had different diagnoses at different times. Accordingly, it is now more likely that an employee suffering a stress-related illness will be able to claim protection. However, employment tribunals will still need to be satisfied by expert evidence as to the existence of the alleged impairment. Duty to make reasonable adjustments If an employee s stress-related illness amounts to a disability, employers are under a duty to make reasonable adjustments to any provision, criterion or practice made by or on behalf of the employer that places the employee at a substantial disadvantage compared with nondisabled people. A failure to do so constitutes disability discrimination Ss.3A(2) and 4A DDA. The duty is to make all reasonable adjustments that will enable the employee to continue in his or her job. Accordingly, redeployment might not amount to a reasonable adjustment unless continuation in the current job is not possible. Examples of reasonable adjustments for an employee suffering from a stress-related illness include: altering work content; providing support; shortening or altering working hours; an increased tolerance of absenteeism; allowing extra holiday or unpaid leave; permitting absence for treatment; and allowing for rehabilitation following absence. Handling stress dismissals Although employers should remain sympathetic to an employee who is suffering from a stress-related illness, there may come a time when they need to consider dismissal. When that point is reached, employers must ensure that they approach dismissal in the right way or they could face claims of both unfair dismissal under the ERA and disability discrimination under the DDA. Unfair dismissal Ill health is a potentially fair reason for dismissal as it relates to the employee s capability to do his or her job. In such a case, the first step in an employer s procedure should be to establish as best he can the employee s true medical situation. Furthermore, case law has established that, before dismissing for long-term absence, an employer must consider whether alternative work is available or whether there are steps that can be taken that would allow the absent employee to return to his or her existing job. An employee who suffers a stress-related illness as a result of bad management or workplace bullying will feel hard done by if that illness leads to dismissal for longterm absence. After all, the illness and therefore the absence was the fault of the employer. The question then arises, can the employer dismiss fairly in these circumstances? The answer, following the Court of Appeal s decision in McAdie v Royal Bank of Scotland plc 2007 IRLR 895 (Brief 838), appears to be yes. The Court there held that while a tribunal had been entitled to take into account the employer s fault in failing to deal adequately with the employee s stress problems, it had failed to ask itself whether dismissal was a reasonable response in the circumstances. If it had done so, it could only have found, on the particular facts of the case, that dismissal was reasonable. The employee had no prospect of recovery, and had expressly stated that she would never return to work. The Court did, however, approve the EAT s suggestion that, in such cases, it may be necessary for the employer to go the extra mile in finding alternative employment for an employee who is incapacitated by the employer s own conduct, or to put up with a longer period of sickness absence than would otherwise be reasonable. Disability dismissals When considering dismissing an employee who is suffering from a stress-related illness, it is essential to consider whether that illness amounts to a disability under the DDA (see above). Employers will be guilty of disability-related discrimination if they dismiss an employee for a reason related to his or her disability where they would not dismiss others to whom that reason does not apply, unless they can show that dismissal was justified S.3A(1) DDA. Factors that might be taken into account in deciding whether dismissal was justified include lengthy absences, health and safety risks associated with the employee s job and, importantly, whether all reasonable adjustments have been carried out to enable the employee to continue. 18 i Employment Law Brief 848 March 2008

PRESENTATION OVERVIEW

PRESENTATION OVERVIEW WORK PLACE STRESS AND MANAGING SICKNESS ABSENCE - A PRESENTATION BY PAUL MAYNARD PRESENTATION OVERVIEW Work Place Stress - What is stress - Why is it a problem for you - HSE Management Guidelines - Benefits

More information

MWR Solicitors A legal guide HEALTH & SAFETY: Workplace stress. Lawyers for life

MWR Solicitors A legal guide HEALTH & SAFETY: Workplace stress. Lawyers for life MWR Solicitors A legal guide HEALTH & SAFETY: Workplace stress Lawyers for life CONTENTS What Is Stress 4 Background 4 Legal Position 4 Duty of Care 4 Forseeability 5 Breach of Duty 6 Causation 7 Loss

More information

Employer Liability for Consequences of Teacher Stress House of Lords Decision

Employer Liability for Consequences of Teacher Stress House of Lords Decision Employer Liability for Consequences of Teacher Stress House of Lords Decision Macrossans Lawyers, Brisbane, Queensland In Barber v. Somerset County Council the House of Lords recently delivered an important

More information

STRESS AT WORK. Summary of the law on

STRESS AT WORK. Summary of the law on Summary of the law on STRESS AT WORK Stress means different things to different people, but in general terms it s a reaction to excessive pressure or harassment at work. This booklet is solely concerned

More information

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 Reynolds Porter Chamberlain Chichester House 278-282 High Holborn London WC1V 7HA Direct Tel: 020 7306 3517 Fax: 020 7242 1431 Direct Email:

More information

PERSONAL INJURY CLAIMS FOR OCCUPATIONAL

PERSONAL INJURY CLAIMS FOR OCCUPATIONAL The UK National Work-Stress Network, Conference 2010 PERSONAL INJURY CLAIMS FOR OCCUPATIONAL STRESS & HARASSMENT Iain Shoolbred, Associate Solicitor Ronan Hynes, Solicitor Birmingham Workplace Illness

More information

Summary of the law on stress at work. www.thompsonstradeunionlaw.co.uk

Summary of the law on stress at work. www.thompsonstradeunionlaw.co.uk Summary of the law on stress at work www.thompsonstradeunionlaw.co.uk Our pledge to you Thompsons Solicitors has been standing up for the injured and mistreated since Harry Thompson founded the firm in

More information

Liability for Stress-related Injury. Guest Lecture delivered at University of Salford By Emeritus Professor Brenda Barrett Middlesex University

Liability for Stress-related Injury. Guest Lecture delivered at University of Salford By Emeritus Professor Brenda Barrett Middlesex University Liability for Stress-related Injury Guest Lecture delivered at University of Salford By Emeritus Professor Brenda Barrett Middlesex University Objectives are to - Define stress Note incidence of work-related

More information

Bullying in the Workplace

Bullying in the Workplace Bullying in the Workplace Ian O Herlihy 4 November 2014 Bullying in the Workplace 12 things to say! Bullying in the Workplace What it is and what it is not! HSA Definition Repeated inappropriate behaviour

More information

DISABILITY. Summary of the law on

DISABILITY. Summary of the law on Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply

More information

STRESS IN THE WORKPLACE EMPLOYERS SHOULD BE ALERT TO THE CLAIMS WHICH CAN ARISE

STRESS IN THE WORKPLACE EMPLOYERS SHOULD BE ALERT TO THE CLAIMS WHICH CAN ARISE STRESS IN THE WORKPLACE EMPLOYERS SHOULD BE ALERT TO THE CLAIMS WHICH CAN ARISE Brian Morgan, Solicitor, advises employers that stress-related Claims will give rise to more than just Unfair Dismissal Hearings.

More information

AGE DISCRIMINATION. Summary of the law on

AGE DISCRIMINATION. Summary of the law on Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

More information

GUIDANCE NOTE. Discrimination Law. March 2013

GUIDANCE NOTE. Discrimination Law. March 2013 GUIDANCE NOTE Discrimination Law March 2013 Equality Act 2010 In October 2010 the separate threads of UK Discrimination Law were consolidated in the Equality Act 2010 (except for equal pay which is still

More information

Wexford Chamber of Commerce H R Forum. Stress at work. February 23 rd 2009

Wexford Chamber of Commerce H R Forum. Stress at work. February 23 rd 2009 Wexford Chamber of Commerce H R Forum Stress at work February 23 rd 2009 Stress at Work When is an employer liable? what is stress how will a claim be made consequences to you case law guidelines Understanding

More information

Bullying, Harassment, Occupational Stress Three separate areas relevant to bullying under the law at work

Bullying, Harassment, Occupational Stress Three separate areas relevant to bullying under the law at work Simon Dewsbury [Thompsons] Presentation slides Bullying, Harassment, Occupational Stress Employment Tribunal Claims Employment Tribunal Claims Common Law negligence claims Employment Tribunal Claims Common

More information

Employment Law Guide for Employees

Employment Law Guide for Employees Agency Workers The Agency Workers Regulations 2010 S12010/93 came into effect on 01 October 2010. The regulations introduce a number of rights for temporary agency workers in the UK relating to their basic

More information

Work-related stress What the law says

Work-related stress What the law says Guide Work-related stress What the law says Stress at work is a major issue together we can successfully manage and prevent it. Health and Safety Executive (HSE) Whatever your industry, size of business

More information

Stress Management Policy

Stress Management Policy Level 3 - H&S Policy Structure Stress Management Policy BACKGROUND The Health & Safety Executive (HSE) define stress as the adverse reaction people have to excessive pressures or other types of demand

More information

SEXUAL ORIENTATION. Summary of the law on

SEXUAL ORIENTATION. Summary of the law on Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality

More information

EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL

EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL 1.1 Juice Resource Solutions Limited embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will

More information

Equalities briefing five: Perceived discrimination : the scope of the definition of disability

Equalities briefing five: Perceived discrimination : the scope of the definition of disability Equalities briefing five: Perceived discrimination : the scope of the definition of disability Rachel Crasnow, a leading member of the Cloisters employment and discrimination team examines to what extent

More information

RACE DISCRIMINATION. Summary of the law on

RACE DISCRIMINATION. Summary of the law on Summary of the law on RACE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the race discrimination provisions of the Equality Act 2010. These apply

More information

Stress at work. A factsheet for UNISON members

Stress at work. A factsheet for UNISON members Stress at work A factsheet for UNISON members Stress at work Introduction Stress at work is a major problem in the workplace. It causes long-term incapacity to thousands of workers; millions of working

More information

STRESS AT WORK. pressures or types of demands placed on them. 2. It is a reaction, not an illness in itself. Its effects are shown in psychological

STRESS AT WORK. pressures or types of demands placed on them. 2. It is a reaction, not an illness in itself. Its effects are shown in psychological STRESS AT WORK DEFINITIONS 1. The HSE has defined stress as the adverse reaction people have to excessive pressures or types of demands placed on them. 2. It is a reaction, not an illness in itself. Its

More information

Employment law solicitors

Employment law solicitors Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever

More information

Liverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes)

Liverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes) Liverpool Hope University Equality and Diversity Policy Approved by: University Council Date approved: 14.04.2011 Revised (statutory 18.02.2012 changes) Consistent with its Mission, Liverpool Hope strives

More information

Bullying and Harassment at Work Policy

Bullying and Harassment at Work Policy Bullying and Harassment at Work Policy i) Statement Everyone should be treated with dignity and respect at work, irrespective of their status or position within the organisation. Bullying and harassment

More information

STRESS POLICY. Stress Policy. Head of Valuation Services. Review History

STRESS POLICY. Stress Policy. Head of Valuation Services. Review History STRESS POLICY Title Who should use this Author Stress Policy All Staff SAC Approved by Management Team Approved by Joint Board Reviewer Head of Valuation Services Review Date 2018 REVIEW NO. DETAILS Review

More information

Attendance Management Procedure and Policy

Attendance Management Procedure and Policy ATTENDANCE MANAGEMENT PROCEDURE Attendance Management Procedure and Policy Attendance management procedure Date of Issue: 02 September 2015 To: All Headteachers, Chairs of Governors and Management Committees

More information

ARTICLES ON OCCUPATIONAL STRESS CLAIMS

ARTICLES ON OCCUPATIONAL STRESS CLAIMS ARTICLES ON OCCUPATIONAL STRESS CLAIMS These Articles were written by Brian Morgan Partner in Morgan McManus Solicitors in June 2004 and November 2004. For further updates on the law of Occupational Stress

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

Absence Management Policy

Absence Management Policy Absence Management Policy 1. Policy Statement The University is committed to developing a working environment and working practices which help maintain and improve the health of our employees. As such,

More information

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working Code of practice for employers Avoiding unlawful discrimination while preventing illegal working [xx] April 2014 Presented to Parliament pursuant to section 23(1) of the Immigration, Asylum and Nationality

More information

BULLYING AT WORK. The Germans call it psychoterror. In the UK we know it as bullying. Over recent

BULLYING AT WORK. The Germans call it psychoterror. In the UK we know it as bullying. Over recent BULLYING AT WORK What is bullying? The Germans call it psychoterror. In the UK we know it as bullying. Over recent years, reports and accounts of work place bullying have become common place in the media

More information

A Manager s Guide to Reasonable Accommodation

A Manager s Guide to Reasonable Accommodation A Manager s Guide to Reasonable Accommodation This guide is the responsibility of the Public Service Agency Province of British Columbia TABLE OF CONTENTS INTRODUCTION...2 KEY CONCEPTS...3 A. The Concept

More information

MANAGING ATTENDANCE PROCEDURE (SICKNESS) (All Staff) September 2013

MANAGING ATTENDANCE PROCEDURE (SICKNESS) (All Staff) September 2013 MANAGING ATTENDANCE PROCEDURE (SICKNESS) (All Staff) September 2013 The Academy Board of Washwood Heath Academy adopted this procedure on 8 October 2013 and it will be reviewed on annually Washwood Heath

More information

THE EQUALITY ACT 2010

THE EQUALITY ACT 2010 THE EQUALITY ACT 2010 October 1st 2010 saw many of the provisions attained within the Equality Act, which gained Royal Assent on the 8th April 2010, come into force. The following summary has been put

More information

STRESS MANAGEMENT AND WORKING TIME HR28

STRESS MANAGEMENT AND WORKING TIME HR28 STRESS MANAGEMENT AND WORKING TIME HR28 Applies to: ALL EMPLOYEES AND OTHER WORKERS Date of Board Approval: March 2011 Review Date: March 2014 Stress Management and Working Time Introduction 1 The Authority

More information

working well initiative

working well initiative A guide for RCN representatives, stewards and officers ROYAL COLLEGE OF NURSING working well initiative Challenging harassment and bullying Guidance for RCN representatives, stewards and officers ROYAL

More information

EQUAL OPPORTUNITIES & DIVERSITY POLICY

EQUAL OPPORTUNITIES & DIVERSITY POLICY 1. General dh Recruitment Hereford & Worcester embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will seek to develop a business culture that reflects

More information

Equal opportunities and dignity at work policy

Equal opportunities and dignity at work policy Equal opportunities and dignity at work policy Aims In line with the Equality Act 2010 1, this policy aims to ensure everyone has the right to be treated fairly at work or when using our services. The

More information

NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST POLICIES AND PROCEDURES MANAGEMENT OF ATTENDANCE AND SICKNESS ABSENCE POLICY. Documentation Control

NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST POLICIES AND PROCEDURES MANAGEMENT OF ATTENDANCE AND SICKNESS ABSENCE POLICY. Documentation Control NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST POLICIES AND PROCEDURES MANAGEMENT OF ATTENDANCE AND SICKNESS ABSENCE POLICY Documentation Control Reference HR/P&C/003 Date approved 4 Approving Body Trust Board

More information

Personal beliefs and medical practice

Personal beliefs and medical practice You can find the latest version of this guidance on our website at www.gmc-uk.org/guidance. Published 25 March 2013 Comes into effect 22 April 2013 Personal beliefs and medical practice 1 In Good medical

More information

Practical guide... termination of employment

Practical guide... termination of employment The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a

More information

Organising for Health & Safety. Stress at work. A guide for UNISON safety reps

Organising for Health & Safety. Stress at work. A guide for UNISON safety reps Organising for Health & Safety Stress at work A guide for UNISON safety reps UNISON s guide to stress at work Our key messages on stress are: n work-related stress is a serious problem n tackling it effectively

More information

A guide for employers

A guide for employers A guide for employers Contents 01 Contents A guide for employers 02 Discrimination the new law explained 05 Other relevant legisltation 13 02 The Equality Act 2010 and cancer how it affects you A guide

More information

Policy Name: SICKNESS ABSENCE POLICY AND PROCEDURES FOR SCHOOL BASED STAFF. Version: November 2009. Approved By: Date Approved:

Policy Name: SICKNESS ABSENCE POLICY AND PROCEDURES FOR SCHOOL BASED STAFF. Version: November 2009. Approved By: Date Approved: Policy Name: SICKNESS ABSENCE POLICY AND PROCEDURES FOR SCHOOL BASED STAFF Version: November 2009 Approved By: Date Approved: Review Date: November 2010 1 SICKNESS ABSENCE - POLICY AND PROCEDURES 1 Introduction

More information

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal

More information

Employee Rights. Everything you need to know

Employee Rights. Everything you need to know Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.

More information

Managing sickness absence - policy and procedure

Managing sickness absence - policy and procedure Managing sickness absence - policy and procedure Absence Management, Issue 2, March 2008 Page 1 Contents 1. Introduction...3 2. Policy aim...3 3. General guidance...3 4. General responsibilities...4 4.1

More information

Olswang LLP 2009 www.olswang.com 1

Olswang LLP 2009 www.olswang.com 1 Workplace stress the modern disease Workplace stress has been a rapidly growing problem for UK businesses and their employees over recent years. W e take a look at some of the issues from a personal injury

More information

Managing Employee Attendance in Schools

Managing Employee Attendance in Schools Managing Employee Attendance in Schools SICKNESS ABSENCE POLICY AND PROCEDURE Author: Human Resources Version: Date: March 2011 Effective from File Reference: Contents Sickness Absence Policy 1. Policy

More information

Human Resources ATTENDANCE MANAGEMENT POLICY AND PROCEDURE. Agreed June 2013

Human Resources ATTENDANCE MANAGEMENT POLICY AND PROCEDURE. Agreed June 2013 Human Resources ATTENDANCE MANAGEMENT POLICY AND PROCEDURE Agreed June 2013 To be reviewed 2015 Contents Page 1. Scope and Policy 3 2. Accountability 3 3. Learner Involvement 3 4. Process 4.1 Rules for

More information

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 By Justin Valentine Section 69 of the Enterprise and Regulatory Reform Act 2013 amends section 47 of the Health and Safety at Work

More information

Making the most of stress claims. Kate McKinlay

Making the most of stress claims. Kate McKinlay Making the most of stress claims Kate McKinlay At a time when 1 in 4 workers are now affected by work-related stress, it is unsurprising that lawyers too are seeing more occupational stress claims than

More information

Management Guide on Managing Staff Sickness Absence

Management Guide on Managing Staff Sickness Absence Management Guide on Managing Staff Sickness Absence Introduction This Management Guide is intended to advise and assist managers in managing sickness absence within their teams. It supplements the policies

More information

MODEL LAW ON SEXUAL HARASSMENT

MODEL LAW ON SEXUAL HARASSMENT MODEL LAW ON SEXUAL HARASSMENT 0 MODEL LAW ON SEXUAL HARASSMENT Table of Contents Chapter I: General Provisions... 2 Article 1: [Title]... 2 Article 2: Purpose... 2 Article 3: Application... 2 Article

More information

Appendix S ATTENDANCE MANAGEMENT POLICY

Appendix S ATTENDANCE MANAGEMENT POLICY Appendix S ATTENDANCE MANAGEMENT POLICY This Policy sets out the Council's expectations of both managers and employees in the management of attendance at work, particularly with regard to sickness absence.

More information

THE BUSINESS CASE SECTION 1

THE BUSINESS CASE SECTION 1 THE BUSINESS CASE SECTION 1 Stress Management Toolkit Section 1 The Business Case 06.03.12 Page 1 of 16 1.0 THE BUSINESS CASE 1.1 Introduction Stress has serious and profound implications for individual

More information

St. John s Church of England Junior School. Policy for Stress Management

St. John s Church of England Junior School. Policy for Stress Management St. John s Church of England Junior School Policy for Stress Management Review Date: September 2012 Policy to be reviewed next: September 2014 ST. JOHN S C OF E JUNIOR SCHOOL STRESS MANAGEMENT FRAMEWORK

More information

Flexible Worker Guidance Equality and Diversity

Flexible Worker Guidance Equality and Diversity Flexible Worker Guidance Equality and Diversity This document and the attached key points have been created to provide guidance for all NHS Professionals Flexible Workers regarding Equality and Diversity

More information

MANAGING ATTENDANCE POLICY

MANAGING ATTENDANCE POLICY 1 The Royal Liberty School Where boys are ambitious, where boys succeed MANAGING ATTENDANCE POLICY Reviewed by: Finance and Personnel Committee Review Date: June 2015 Next Review: June 2016 2 CONTENTS

More information

Section 26 of the Act unifies existing legislation and clarifies harassment. Section 26 defines harassment, which now includes three specific types:

Section 26 of the Act unifies existing legislation and clarifies harassment. Section 26 defines harassment, which now includes three specific types: HARASSMENT 1 Section 26 of the Act unifies existing legislation and clarifies harassment. Section 26 defines harassment, which now includes three specific types: (1) Harassment which involves unwanted

More information

Quantum in Discrimination Claims. By Carl Fender

Quantum in Discrimination Claims. By Carl Fender Quantum in Discrimination Claims By Carl Fender Contents! Statutory test & application! Causation! Injury to Feelings! Factors affecting size of awards! Examples! Evidencing injury to feelings! Personal

More information

Summary of the law on race discrimination. www.thompsonstradeunionlaw.co.uk

Summary of the law on race discrimination. www.thompsonstradeunionlaw.co.uk Summary of the law on race discrimination www.thompsonstradeunionlaw.co.uk Our pledge to you Thompsons Solicitors has been standing up for the injured and mistreated since Harry Thompson founded the firm

More information

Know. Your. Rights. Understanding. grievances. www.worksmart.org.uk. and disciplinaries

Know. Your. Rights. Understanding. grievances. www.worksmart.org.uk. and disciplinaries Understanding Know Your Rights www.worksmart.org.uk grievances and disciplinaries Introduction Whatever job you do, you can run into problems at work. Sometimes these can be sorted out quickly by informal

More information

MANAGING SICKNESS ABSENCE AND EMPLOYEE RIGHTS. LRA Good Practice Seminar

MANAGING SICKNESS ABSENCE AND EMPLOYEE RIGHTS. LRA Good Practice Seminar MANAGING SICKNESS ABSENCE AND EMPLOYEE RIGHTS LRA Good Practice Seminar What is absence? Absence refers to the non attendance of employees for scheduled work when they are expected to attend Types of absence

More information

Stress Management Policy

Stress Management Policy , Stress Management Policy January 2014 Also available in large print (16pt) and electronic format. Ask Student Services for details. www.perth.uhi.ac.uk Perth College is a registered Scottish charity,

More information

STRESS MANAGEMENT POLICY FOR SCHOOLS

STRESS MANAGEMENT POLICY FOR SCHOOLS DONCASTER METROPOLITAN BOROUGH COUNCIL STRESS MANAGEMENT POLICY FOR SCHOOLS 1. Introduction 1.1 Doncaster Metropolitan Borough Council and all its schools are committed to protecting the health, safety

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE Author: Julie Newnham Revised : August 2013 Review Date: August 2014 Students First DISCIPLINARY PROCEDURES 1 Scope and purpose 1.1 This procedure applies to all employees other

More information

Bullying and Harassment CIPD London Branch. Joanne Owers and Aron Pope 17 April 2013

Bullying and Harassment CIPD London Branch. Joanne Owers and Aron Pope 17 April 2013 Bullying and Harassment CIPD London Branch Joanne Owers and Aron Pope 17 April 2013 Who are Fox Williams? Full service business law firm Well recognised Employment Department which specialises in employment

More information

Germany. Introduction

Germany. Introduction Germany Germany Introduction The labor law of the Federal Republic of Germany covers all legal rules concerning the relationship between employers and employees and their respective organizations. Traditionally,

More information

Statutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms

Statutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms Statutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms Background In calling for the culture of the NHS to become more open and honest, Robert Francis QC,

More information

Monitoring Employee Communications: Data Protection and Privacy Issues

Monitoring Employee Communications: Data Protection and Privacy Issues Monitoring Employee Communications: Data Protection and Privacy Issues By Anthony Sakrouge, Kate Minett, Daniel Preiskel and Jose Saras Reprinted from Computer and Telecommunications Law Review Issue 8,

More information

Managing Sickness Absence Policy HR022

Managing Sickness Absence Policy HR022 Managing Sickness Absence Policy HR022 To be read in conjunction with section 14 of the NHS Terms and Conditions of Service Handbook Date Drafted: Oct 2008 Review Date: Oct 2010 Version: V1.0 Author of

More information

Equality and Diversity Policy. Deputy Director of HR Version Number: V.2.00 Date: 27/01/11

Equality and Diversity Policy. Deputy Director of HR Version Number: V.2.00 Date: 27/01/11 Equality and Diversity Policy Author: Deputy Director of HR Version Number: V.2.00 Date: 27/01/11 Approval and Authorisation Completion of the following signature blocks signifies the review and approval

More information

LEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE

LEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE LEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE 26 th January 2011 Maura Connolly Head of Employment and Employee Benefits Group Eugene F. Collins, Solicitors Introduction SESSION 1: 10am

More information

EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS)

EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS) EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS) JANUARY 2010 Michael W Halsall Anti-Discrimination Policy Introduction Michael W. Halsall Solicitors serves a diverse client base.

More information

POLICY FOR MANAGING SICKNESS ABSENCE

POLICY FOR MANAGING SICKNESS ABSENCE Summary POLICY FOR MANAGING SICKNESS ABSENCE This policy sets out the standards for dealing with sickness absence in a fair, sensitive and supportive way, whilst at the same time recognising the needs

More information

Handling Complaints of Unfair Discrimination, Harassment, Bullying and Victimisation

Handling Complaints of Unfair Discrimination, Harassment, Bullying and Victimisation Handling Complaints of Unfair Discrimination, Harassment, Bullying and Victimisation Chapter 3 - Section 12 Complaints of Discrimination, Harassment, Bullying and Victimisation 1 Introduction 1.1 The Governing

More information

Equal Opportunity, Discrimination and Harassment

Equal Opportunity, Discrimination and Harassment Equal Opportunity, Discrimination and Harassment Last updated: 22 November 2011 EQUAL OPPORTUNITY, DISCRIMINATION AND HARASSMENT TABLE OF CONTENTS CONTENTS PAGE OVERVIEW... 2 EQUAL OPPORTUNITY LEGISLATION...

More information

Bullying: The Costly Business Secret (Penguin, New Zealand, 2003) brought to the fore

Bullying: The Costly Business Secret (Penguin, New Zealand, 2003) brought to the fore A INTRODUCTION Three years ago, the terms workplace bullying and workplace stress were virtually unheard of. There is no doubt that many workplaces had bullies within them and many workplaces employed

More information

Guide for Filing WorkSafeBC Mental Disorder Claims

Guide for Filing WorkSafeBC Mental Disorder Claims Canadian Union of Public Employees Guide for Filing WorkSafeBC Mental Disorder Claims WCB Advocacy Department BC Regional Office Tom McKenna, National Representative, WCB Advocacy Nothing in this Guide

More information

Employment Law Glossary of key terms and abbreviations

Employment Law Glossary of key terms and abbreviations Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to

More information

What Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law

What Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law What Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law I. WHAT IS ELDER ABUSE? A. Although abuse, neglect and exploitation are separate problems with separate

More information

Prosecuting Attorneys Council of Georgia

Prosecuting Attorneys Council of Georgia 1. Purpose. The purpose of this policy is to maintain a healthy work environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and

More information

Model Allegations Management Policy for Knowsley Schools and Education Settings

Model Allegations Management Policy for Knowsley Schools and Education Settings 1 Model Allegations Management Policy for Knowsley Schools and Education Settings July 2015 Introduction 1. All schools and education settings have a duty to promote and safeguard the welfare of children

More information

SICKNESS ABSENCE POLICY. Version:

SICKNESS ABSENCE POLICY. Version: SICKNESS ABSENCE POLICY Version: V4 Policy Author: Shajeda Ahmed Designation: Senior Human Resources Manager Responsible Director of Strategy and Business Support Director: EIA Assessed: 22 November 2012

More information

Policy and Procedure. Managing Attendance. Policy and Procedure

Policy and Procedure. Managing Attendance. Policy and Procedure Managing Attendance Policy and Procedure Agreed at CNG on 25 th April 2007 Managing Attendance Policy and Procedure Table of contents: TABLE OF CONTENTS Section 1 The Policy 3 Aim of the Process 3 Key

More information

Summary of the law on FAMILY FRIENDLY RIGHTS

Summary of the law on FAMILY FRIENDLY RIGHTS Summary of the law on FAMILY FRIENDLY RIGHTS Family friendly rights include, maternity, paternity and parental leave and rights for part-time workers. This booklet is solely concerned with the employment

More information

Attendance Management

Attendance Management Attendance Management 1. Introduction - policy purpose, aims and application 2. Roles and Responsibilities and Procedures for Staff and Managers 3. Required Levels of Attendance and Hospital Appointments

More information

Information Sheet 9: Supervising your Staff

Information Sheet 9: Supervising your Staff Shaw Trust Direct Payments Support Services Information Sheet 9: Supervising your Staff Sheet Outline: Conducting an Appraisal interview Discipline and Grievances Outcome: To increase awareness of the

More information

BASIC CONCEPTS IN EMPLOYMENT LAW

BASIC CONCEPTS IN EMPLOYMENT LAW BASIC CONCEPTS IN EMPLOYMENT LAW Jeffrey A.L. Kriwetz Partner Garfinkle, Biderman LLP Suite 801 1 Adelaide Street East Toronto, Ontario M5C 2V9 416.869.1234 ext. 234 416.869.0547 (fax) jkriwetz(ii2garfinkle.com

More information

DISCIPLINE RUTLAND. limited by guarantee. Registered in England and Wales.

DISCIPLINE RUTLAND. limited by guarantee. Registered in England and Wales. DISCIPLINE POLICY FOR STAFF OCTOBER 2014 HARINGTON SCHOOL RUTLAND office@haringtonschool.com www. haringtonschool.com Harington School. Registered Company Number 9031174. Company limited by guarantee.

More information

ISLE OF MAN PRISON SERVICE

ISLE OF MAN PRISON SERVICE ISLE OF MAN PRISON SERVICE CODE OF CONDUCT AND DISCIPLINE Isle of Man Prison Service Code of Conduct and Discipline Contents Statement of Purpose and Values Purpose Prison Service Objectives Values Definition

More information

SICKNESS ABSENCE MANAGEMENT PROCEDURE. With effect from xxxxxx

SICKNESS ABSENCE MANAGEMENT PROCEDURE. With effect from xxxxxx SICKNESS ABSENCE MANAGEMENT PROCEDURE With effect from xxxxxx Purpose The purpose of this policy is to provide guidelines on how to manage and support staff through absence due to ill health. When is this

More information

Disciplinary and grievance procedures Draft Acas Code of Practice

Disciplinary and grievance procedures Draft Acas Code of Practice Disciplinary and grievance procedures Draft Acas Code of Practice June 2004 This Code of Practice provides practical guidance to employers, workers and their representatives on: The statutory requirements

More information

Employment Law Update 2008. Adrian Twomey. CIPD Southern Region, 1 October 2008. atwomey@advokat.ie

Employment Law Update 2008. Adrian Twomey. CIPD Southern Region, 1 October 2008. atwomey@advokat.ie Employment Law Update 2008 Adrian Twomey CIPD Southern Region, 1 October 2008 Adrian Twomey Head of Employment Law, advokat / gallenalliance solicitors Graduate of UCC, TCD & Kings Inns One of the world

More information