ABC of occupational and environmental medicine by David Snashall, Dipti Patel
By David Snashall, Dipti Patel
This new version of Occupational and Environmental Medicine concentrates extra at the more moderen different types of occupational disorder together with these (like “RSI” and pesticide poisoning) the place publicity and results are obscure. there's particular emphasis on paintings, wellbeing and fitness, with hyperlinks to public overall healthiness, health and wellbeing merchandising, the price of labor, disabled humans at paintings, the getting older group, vocational rehabilitation, proof dependent perform, and extra chapters at the health and wellbeing results of weather switch and of occupational healthiness and security relating to migration and terrorism
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Appeals from the ET are made to the Employment Appeal Tribunal and thence to the Appeal Court. Compensation paid by ETs for unfair dismissal is capped at £65 300. Disability related claims however are unlimited, the maximum award in 2009/10 being £729 347. 7 Reasons for (potentially) fair dismissal. Capability ‘Skill, aptitude, health or any other physical or mental quality’, including qualiﬁcations Conduct Behaviour in, or sometimes outside, the workplace Redundancy The role within the organisation has been removed Illegality Cannot continue at work without breach of statutory duty (loss of driving licence for instance) Some other substantial reason (SOSR) Must be sufﬁcient to justify dismissal ETs hear claims on many areas of employment, but the commonest reason is unfair dismissal.
Early debates about speciﬁc conditions moved on, quite correctly, to consideration of the individual and the impact on them. Ministry of Defence v Hay EAT , in which a series of respiratory problems, some without clear diagnosis, could together constitute a disability under the Act Should not be an issue under the Equality Act given that it does not require the diagnosis of a speciﬁc condition Who decides whether a person is disabled? Ultimately the judgement is up to the courts, who focus on what the person cannot do rather than what they can do; a recognition of the way that people develop coping or avoidance strategies.
These tend to be of concern to the employer. The landmark decision was Walker v. Northumberland County Council in 1995. The key point concerning Mr Walker, a social worker, was that following an acute mental illness and prolonged absence, he returned to work with assurances of changes in work design to support him. When these failed to materialize he suffered a second episode of mental illness. It was the failure to foresee and prevent the second episode for which the council were found liable.