Employee-favourable
2008
An employer cannot discharge its duty of care for work-related stress simply by offering counselling or an employee assistance programme. It has to address the root cause.
Employee-favourable
2026
If your employer identifies that you need occupational health support or extra training and then does nothing about it for months, that failure can turn a later performance dismissal into unlawful disability discrimination.
Employee-favourable
2024
An employer cannot strip your rights by calling a meeting informal. You are entitled to know what a meeting is about before you attend it.
A referral to occupational health is common and does not mean anything has gone wrong. Here is what to expect, what your employer must do with the report, and what to do if they do not act on it.
Employer-favourable
2019
A thin, bare-conclusion occupational health report carries less weight than a detailed one, so if your employer’s decision rests on a weak OH assessment, you can ask what questions OH was actually asked and whether the report properly engages with your situation.
Employer-favourable
1998
The occupational health adviser’s duty of care is to your employer, not to you, so if you disagree with an OH report your route is to challenge it with your employer directly, not to treat the OH adviser as your own doctor.
Employee-favourable
2017
The employer must have genuinely engaged with the medical evidence and considered the full circumstances. Only then can a decision to dismiss be fair. Prolonged absence does not by itself justify dismissal for ill-health capability.
Employee-favourable
2003
Where the nature of a disability is not straightforward, the duty to make reasonable adjustments can require an employer to carry out a proper assessment before deciding what to do.
Mixed
2006
Your employer not asking what adjustments you need is not, on its own, against the law, but it cannot use that silence as an excuse to do nothing either.
Employee-favourable
2019
Disability under the Equality Act 2010 requires only a substantial adverse effect on day-to-day activities. Substantial means more than minor or trivial, not severe or permanent.
Employee-favourable
1995
Your employer owes you a duty of care that covers psychiatric injury from overwork. Once it knows you are at risk, it must act.
Employee-favourable
2025
If you have a disability, your employer must consider reasonable adjustments when working arrangements change, including changes made while you are off sick.
