OH News

Occupational Health Assessment Ltd is the UK’s only Certified B-Corp occupational health provider. We are also a leading voice in topical HR and employment conversations.  Below is a selection of our latest press cuttings on a wide range of issues. Work from home refusal leads to £29k award The conflict between return-to-work mandates and home

University faces HSE investigation over stress claims The University of Birmingham has been investigated by the Health and Safety Executive (HSE) after repeated complaints about work-related stress not being acted upon. Following an initial investigation, the HSE found the University to have material breaches of the Management of Health & Safety at Work Regulations 1999

A short summary of our recent media coverage and insights Occupational Health Assessment Ltd (OHA Ltd) are the UKs only Certified B-Corp Occupational Health Provider. We are increasingly a leading voice in topical conversations relating to workforce wellbeing, Human Resources (HR) issues, employee benefits and (of course) occupational health assessments. Below is a brief summary

£900k fine after failing to protect health A recent high-profile case involving a £900,000 fine for exposure to Legionella highlights crucial considerations for HR managers tasked with maintaining a safe environment, especially in sectors managing residential guests or communal properties.  Legionella bacteria can be deadly (causing Legionnaire’s disease) and a Health & Safety Executive (HSE)

Welcoming Steve Herbert as Brand Ambassador Steve Herbert has joined Occupational Health Assessment Ltd in the newly-created role of Brand Ambassador. Steve is a well-known presenter, writer and commentator on human resources (HR), employee benefits and reward issues having spent almost 40 years in the sector.  For the last two decades, he has been a

Return to office working disadvantaged disabled employee A Scottish Employment Tribunal has decided that an employer failed in its’ duty to support a disabled employee when refusing a request to work from home. The employer, Accountant in Bankruptcy, is the Scottish government agency responsible for administering the process of personal bankruptcy and corporate insolvency. They

Anglian Water liable for “harassing”employee while off sick Anglian Water Group has been found liable for harassment after asking an employee to return to work from sick leave too quickly after surgery. A recently published Employment Tribunal judgement shows the risks to employers of contacting employees while they are unwell and of seeking an early return to work.

£27K Tribunal award for failing to make reasonable adjustments A recent employment tribunal ruling has highlighted the importance of making reasonable adjustments for employees with disabilities. In the latest case, a worker was awarded £27,000 after their employer failed to meet their obligations, underscoring a critical compliance risk for businesses. The remedy hearing held in Mrs R Davies v

Headteacher wins disability discrimination case Kelly Vaughan, a headteacher at Bedminster Down School, recently won a significant disability discrimination claim after Ofsted deemed her “unfit” to lead due to her health issues. Vaughan, who has a debilitating autoimmune condition (MS), argued that her poor Ofsted rating was directly related to her disability. Vaughan had asked

The Harrods Scandal The developing scandal about occupational health at Harrods has started to focus on alleged practices in the Corporate Health department. A number of ex-employees have alleged that inappropriate medical tests were conducted and that results were shared with Mr Fayed without their consent. If true, the allegations are a serious breach of confidence and trust,

£185,000 disability discrimination award A former Assistant Manager at a Lancashire children’s home has been awarded £185,000 after an employment tribunal ruled that she had been unfairly dismissed and subjected to disability discrimination. Dee Leigh, who worked at the Warwick Avenue home in Clayton-le-Moors, brought a case against Lancashire County Council for disability harassment and

HR Director wins Tribunal A tribunal has ruled in favour of an HR director with ADHD. Sarah Bradley, claimed she was discriminated against by her employer, The Royal Mint, after they refused to allow her to retract her resignation. Bradley argued that her decision to resign was impulsive and made while she was emotionally unwell, a consequence of

Royal Mail case shows importance of considering redeployment before dismissal A recent Employment Appeal Tribunal (EAT) case shows employers a clear reminder of the importance of considering redeployment before dismissing a disabled employee. The employee, Mr Ian Budgen, was dismissed by Royal Mail because he was often absent due to health problems over several years.

Record £4.5m award for disability discrimination A former local council employee has been awarded over £4.5m compensation for disability discrimination and harassment. The employee was dismissed from London Borough of Hammersmith & Fulham in 2018. An employment tribunal found she had suffered disability discrimination in 2021, with the remedy award just finalised. The record £4.58m in compensation is one of the highest damages

Failure to make adjustments results in £50k settlement The Department of Agriculture, Environment and Rural Affairs (Daera) in Northern Ireland has settled a disability discrimination case for £50,000, without an admission of liability. The Equality and Human Rights Commission supported a worker with impaired hearing to bring the claim, following an allegedly flawed recruitment process. The worker, Mr. Christopher

£25k award for Dyspraxia discrimination Details of the compensation paid to an employee with Dyspraxia have just need made public. Kerry Pearce was a Midwife at Barking, Havering and Redbridge University Hospitals Trust, who took her employer to Court in 2022. Ms Pearce alleged that she had been constructively dismissed, had been discriminated against due to her Dyspraxia and anxiety.

Employee awarded £12k compensation after dismissal without medical advice A worker has been awarded over £12,000 compensation after being dismissed following a “sham” redundancy process that did not take medical advice into account. The employee, Tommy Glen, was dismissed in 2023 following an accident at work and a series of health issues. Mr Glenn had worked for the employer, Blue

Sue Britton Bursary Award 2024 A student at Barts and The London School of Medicine and Dentistry, part of Queen Mary University London, has been awarded the 2024 Sue Britton Bursary Award. Sue Britton was a double-lung transplantee who passed away in 2020. She had worked in occupational health for many years. The bursary award

OH provider strongly criticised by Tribunal An OH provider and an employer have been criticised by an Employment Judge. Employment tribunals expect employers to make reasonable adjustments to support employees who may have a disability. Claims for Disability Discrimination often succeed because an employer has failed to make adjustments to a role, to try to accommodate a disability. Very rarely, occupational health

Case shows Equality Act applies even without a diagnosis Employees experiencing work-related stress can potentially take legal action against their employers for disability discrimination, even without a formal mental illness diagnosis, according to a recent decision from an employment judge. This decision arose from a case involving an NHS worker pursuing a discrimination claim against Aneurin Bevan University Health

Law firm failed to address health needs  A Director at law firm Duncan Lewis has been found to have been unfairly dismissed, after the firm failed to address the health needs arising from his disability. The Claimant, Mr. Orogbu, was fatigued during 2020 and his performance standards had dropped. He was subject to performance targets,

£134k award for disability discrimination A wholly owned subsidiary of the London Borough of  Hounslow, Coalo Ltd, has been ordered to pay over £134,000 in compensation at an Employment Tribunal. The Tribunal found the employer guilty of disability discrimination against an employee who had a bad back. The Tribunal also found the employer had failed to

Joinery company fined £25,000 A woodworking and joinery company has been fined £25,000 after failing to control its employees’ exposure to wood dust. Wood dust, when inhaled, can be incredibly dangerous and cause long-term respiratory problem, including occupational asthma. The Health & Safety Executive (HSE) has the right to enter any UK business premises to assess health and

Private school fined £50k over radon gas exposure An independent school has been fined £50,000 after employees and pupils were exposed to high levels of radon gas. Radon is a gas which comes from the rocks and soil found everywhere in the UK. It is radioactive. It can’s been seen, smelt or tasted. Special equipment

£200k fine for causing Hand-Arm Vibration Syndrome A business has been fined £200,000 for failing to protect two workers from an occupational hazard: Hand-Arm Vibration Syndrome (HAVS). Ross & Catherall Ltd is a leader in the manufacture and supply of metal bars for industrial applications. Two employees carried out arange of tasks, including using vibrating tools, whilst

ASDA wins disability discrimination case A former ASDA warehouse operative, who was dismissed from his job in May 2019 for health reasons, has lost a claim for disability discrimination. The employee, Mr. Daniel Kuma, alleged that they had been treated unfairly due to their disability and that ASDA had failed to make reasonable adjustments. Mr.

£75k cost of ignoring OH advice An Outpatient Administration Clerk at a London private hospital has been awarded £75,000 compensation after an employment tribunal found her employer had ignored OH advice and failed to make reasonable adjustments. The Tribunal found that Ms E Kalhor had been unfairly dismissed. The employer (The Hospital of St John and St Elizabeth) had

Alliance Medical fined £420k Alliance Medical, a nationwide diagnostic imaging provider, has been fined over £420,000 for breaching health and safety laws. The fines were levied by the Health & Safety Executive after incidents at two sites when employees were exposed to radiation. The Ionising Radiations Regulations 2017 (“IRR17”) set explicit levels of radiation that

Surrey Workplace Mental Health Forum Join our team and a group of experts to delve into workplace mental health. Hosted by Surrey charity Oakleaf Enterprise and Surrey Chambers of Commerce at Guildford Cathedral on Wednesday 16th November, the live event brings together prominent advocates and experts to help guide Surrey businesses through a critical topic.

£104k award for disability discrimination An NHS group has been ordered to pay out over £104,000 for disability discrimination. The award was made after an occupational health assessment was made under false pretences, with the compensation increased because the employer also failed to follow the ACAS code. Tower Hamlets GP Care Group, a group of

The latest evidence about LFTs Lateral Flow Tests (“LFTs”) usage may have waned in use in recent months, but they still have a place in health risk management strategies. However, the results they provide can vary greatly, depending on how they’re used. However, the available evidence has kept on building, even as LFT usage has

£34k compensation after employer ignores Carpal Tunnel Syndrome A receptionist with Carpal Tunnel Syndrome at a children’s soft play centre in Horsham, Surrey, has been awarded over £34,000 compensation after her employer ignored the advice of occupational health. The full judgement from London South Employment Tribunal was recently published, showing how Let’s Explore Ltd failed

Aston Martin payout after failing to make reasonable adjustments An Aston Martin worker with a spinal condition has been awarded £36,000 at an Employment Tribunal. The Tribunal found that Aston Martin had failed in their duty to make reasonable adjustments. The decision highlighted prime examples of adjustments that the Tribunal viewed as reasonable and expected Aston Martin to

Changes to DVLA medical certification  The government has implemented more changes to medical certification processes, with DVLA medical questionnaires now able to be certified by a broad range of healthcare professionals. The changes, which became effective on the 20th July, enable healthcare professionals other than doctors to complete DVLA medical questionnaires. This is relevant for

Long Covid could be a disability An Employment Tribunal has decided that Long Covid may be a disability, which highlights to employers how the Equality Act 2010 can be applied. The case in question (Mrs H Matthews v Razors Edge Group Ltd) was held in November 2021 and, following further representations, has just been finalised

Pregnant workers law changed The law says that employers must provide safe working environments and manage risks to the health and safety of workers. This includes women of childbearing age. Employers have always been required to conduct a general workplace risk assessment. However, the HSE has issued updated guidance to clarify that all employers must

More professionals can issue fit notes The government has introduced new laws to extend the number of healthcare professionals that can issue fit notes. The change is intended to ease pressure on GPs. Currently only doctors can issue fit notes. This sometimes causes delays in certifying absences from work. From July 1st a much greater

Supporting positive mental health at work Mental Health Awareness Week brought a much-needed spotlight to the biggest cause of absence in the UK. Some research suggests the total cost of mental health problems to the UK economy is £34.9Bn. Other studies show that 1 in 4 people will experience a period of psychological ill health at some point. Before the pandemic

HSE launches online musculoskeletal risk assessment tools  The Health & Safety Executive (HSE) has launched free musculoskeletal disorders (MSD) risk assessment tools for businesses. Every business with more than 5 employees is obliged to carry out risk assessments. They are also sometimes recommended by occupational health professionals as step for businesses to consider. The free

PPE laws have changed The laws that businesses must follow when providing Personal Protective Equipment (PPE) for employees changed on the 6th April 2022. The law changed to extend the scope of PPE provision that employers must provide. What changed? Previous PPE laws (PPER 1992) placed a duty on employers to ensure that suitable PPE was provided to employees who may have

Fit notes law has changed The government has extended the time after which employees must provide proof of sickness (using fit notes) from 7 to 28 days. The change in the law has been made on a temporary basis, to free up GP time and help the nationwide vaccination campaign. Fit notes and proof of sickness Employees must

Paranoid delusions may not be a disability The Court of Appeal determined last week that an employee who suffered from paranoid delusions did not have a disability. In the case, an employee at Bury Street Capital began suffering from paranoid delusions in 2013. The employee started believing he was being spied upon by a Russian

Firm fined £40,000 after failing to conduct health surveillance A civil engineering firm based in Wakefield has been fined after seven workers contracted Hand Arm Vibration Syndrome (HAVS) because of their work. Family-owned firm Peter Duffy Limited employs 190 people working on infrastructure projects, mostly in the North of England. The business pleaded guilty to breaching

Wrongful dismissal on health grounds A supermarket worker has won a case for wrongful dismissal because the employer breached their duty to make reasonable adjustments. Mr R Rasavallavan, a store leader in training, was employed by Sainsbury’s Supermarkets Ltd, who were aware that Mr Rasavallavan had Diabetes. The disease is a disability as defined within

Company fined heavily following poor occupational health advice A UK car dealership has been fined £140,000 at Sheffield Crown Court, following breaches of health and safety laws and poor practices by the company’s retained occupational health provider. Motor sales company, Perrys Motor Sales Ltd (PMS) and Occupational Health & Safety Consultants, S & Ash Ltd

The Faculty of Occupational Medicine, the professional and educational body for occupational medicine in the UK, has issued important guidance about the use of COVID-19 risk scoring systems. The guidance is well-timed, given the growing number of risk assessment or scoring systems being developed and marketed to businesses. Whilst many of the systems have potentially

The Society of Occupational Medicine today welcomed its first nurse President, Professor Anne Harriss. Professor Anne Harriss, the first nurse to become President of the Society of Occupational Medicine, has succeeded Dr Will Ponsonby, following a year as President Elect. In a step towards a more egalitarian approach towards the Occupational Health discipline by the