Tribunals and case law – Smart Clinic

Why you shouldn’t be doing new starter medical questionnaires

31 October 2023 HR, Occupational health, Tribunals and case law

At the end of August 2023 the ICO introduced some new guidance to help employers understand their data protection obligations under the UK GDPR and DPA 2018, when handling the health information of the people who work for them. You can find this guidance here. This is an important read for ...

When to use occupational health…

13 September 2022 HR, Occupational health, Tribunals and case law, Wellbeing

Even if you don’t use it regularly, having access to an occupational health service is fundamental to any organisation. But for many it can be difficult to know when to refer an employee for an occupational health assessment to use your resources effectively. Remember, for many employees being referred to occupational ...

Tribunal: Unfair dismissal: Covid vaccination

01 March 2022 HR, Tribunals and case law

Allette v Scarsdale Grange Nursing Home Ltd Overview: An employment tribunal has determined that Ms Allette was dismissed fairly from her role as a Care Assistant from a nursing home, after she refused to be vaccinated against COVID-19. Summary: Ms Allette had been employed as a care assistant at Scarsdale Grange Nursing Home for ...

Tribunal: Constructive dismissal – discrimination

20 January 2022 HR, Tribunals and case law

Mrs J Hutchinson v Asda Stores Ltd Overview: Asda were found to have constructively dismissed Mrs Hutchinson, a dementia sufferer, after she was repeatedly asked if she wanted to retire but was not referred to occupational health. Although done with the best of intentions, this amounted to disability and age-related harassment. Summary: Mrs Hutchinson, ...

Tribunal: Disability discrimination: reliance on occupational health

02 March 2020 HR, Tribunals and case law

Kelly v Royal Mail Group Overview: After dismissal for poor attendance, Mr Kelly claimed discrimination against his disability. The employment appeal tribunal found that Mr Kelly’s employer had acted properly by consulting occupational health and considering their opinion. The appeal was ultimately rejected. Summary: Mr Kelly was a postman working for Royal Mail. He ...

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Why you shouldn’t be doing new starter medical questionnaires

When to use occupational health…

Tribunal: Unfair dismissal: Covid vaccination

Tribunal: Constructive dismissal – discrimination

Tribunal: Disability discrimination: reliance on occupational health

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