Labour & European Law Review
22 September 2016
According to a new survey of health and safety reps published this week by the TUC, nearly half of UK workplaces have never had a health and safety inspection.
The Equality Act states that the duty to make a reasonable adjustment applies where a provision, criterion or practice puts a disabled person at a substantial disadvantage in comparison to a person who is not disabled. In Lowmoore Nursing Home Ltd v Smith, the Employment Appeal Tribunal (EAT) held that the employer should have made the reasonable adjustment of moving the claimant to a different unit to avoid heavy lifting.
Tribunals have to make awards for injury to feelings based on guidelines following case law including Vento v Chief Constable of West Yorkshire Police. According to the Employment Appeal Tribunal (EAT) in AA Solicitors Ltd and Ali v Majid it is not excessive for a tribunal to award compensation above the middle of the Vento band in a situation where an employer violated the dignity of a worker by sexually harassing her.