Where do we stand legally?

EqualityAct

The Equality Act was given Royal assent in April 2010 and is expected to come into force from October 2010 onwards. The Equality Act aims to clarify and streamline existing equality legislation – mainly the Disability Discrimination Act (DDA), the Race Relations Act, and the Sex Discrimination Act – and bring together in one statute the protection from discrimination to all ‘protected characteristics’, such as age, religion and sexual orientation

Read Mind’s legal briefing

The Disability Discrimination Act (DDA) applies to employers in the United Kingdom regardless of the number of employees. It also covers contract workers, office holders and business partners. A disabled person can be discriminated against in the recruitment process, during employment, if they are selected for redundancy due to their disability or even if their contract is terminated.

When things get tricky

All the ‘what ifs?’ for when things don’t go according to plan by the Sainsbury Centre for Mental Health. For employees and employers and occupational health.

When long-term sickness means dismissal

An article on the legal implications of long-term absence aimed at employers and occupational health. Provides two case examples and covers the legal and best practice aspects of dismissal due to long term absence.

Legal obligations of long-term sickness

This Health and Safety Executive site says that although there is no legal requirement to rehabilitate an employee if s/he is off sick an employer has certain responsibilities, particularly if the DDA applies. 

Steps to take to ensure you are fair

More information on the legal implications of long-term sickness, including consultation, medical investigation, providing reasonable alternative employment and dismissal.