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The Equality Act 2010
The Equality Act 2010 superceded the Disability Discrimination Act among other legislation. One of the major changes brought in by The Equality Act is that except in very restricted circumstances or for very restricted purposes, employers are not allowed to ask any job applicant about their health or any disability until the person has been offered a job either outright or on conditions, or included in a pool of successful candidates to be offered a job when a position becomes available. This includes asking such a question as part of the application process or during an interview. Questions relating to previous sickness absence count as questions that relate to health or disability. Click on the following links for more information:
ACAS have produced The Equality Act 2010 - ACAS Quick Start Guide for Employers and also guidance and key points in relation to disability discrimination
Equality & Human Rights Commission website carries lots of information and guidance on The Equality Act 2010. EHRC Helplines - 08456 046 610 (England) 08456 05 510 (Scotland) 08456 048 810 (Wales)
Some ideas for making ‘reasonable adjustments’ for people with mental health issues published by MINDFUL EMPLOYER. Bear in mind that funding through Access to Work may help cover the costs of making some reasonable adjustments.
Making Work Work is designed to enable and support discussion about how stress, anxiety, depression and other mental health conditions affects someone at work. It is intended to aid communication, understanding and support – it’s a document to help make work work. An employer has legal obligations to prevent discrimination because of disability in the workplace. This document is intended to assist employers in respect of those legal obligations and can be used to complement current policies. It is a living document to be reviewed regularly by both the employee and manager and amended as appropriate (e.g. when there is a change of manager or role). It can be used as a short term or long term measure.
Click on the title for guidance on workplace adjustments for people with mental health conditions.
Other useful information...
Useful for managers, supervisors, HR professionals and anyone responsible for improving business performance. Topics include performance management, handling redundancies, pay and reward, equality and diversity, dealing with bullying and harassment and mental health awareness which was developed in conjunction with MINDFUL EMPLOYER.
Acas offer a free service, called Early Conciliation to try and resolve disputeS quickly and cost effectively. If an employee still wants to put in a tribunal claim after going through the Early Conciliation process they are able to do so.
'Employers and employees should always try to resolve problems in the workplace at the earliest possible opportunity and usually with the least possible formality.' That is the key message of this leaflet jointly produced by the Department for Business, Innovation and Skills (BIS) the Chartered Institute of Personnel and Development (CIPD) and ACAS (the Advisory, Conciliation and Arbitration Service).
People often talk of an employer's 'duty of care' to their employees. But just what does this duty consist of? Clink on the title for a link to an article on the ACAS website.
This is a helpful article by Vicky Powers on the important issue relating to mental health for employers and their responsibilities for staff. Click on the title to download.
Citizens Advice Bureau - online information and factsheets
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