An Introduction to Health Surveillance

What is Health Surveillance?

Health surveillance is a system of ongoing health checks on those working within an organisation which allows for early detection of ill-health and helps identify any corrective action needed. Health surveillance may be required by law if your workers are exposed to:

biological agents
other substances hazardous to health
work with compressed air

All the above areas of surveillance are required by the Control of Substances Hazardous [...]

Is Theresa May’s pledge to protect workers’ rights all it seems?

As previously reported, certain employment-related elements of the Conservative Party’s manifesto were announced earlier this week. However, the Tory pledge to protect all workers’ rights currently guaranteed by EU law might not be as bold as it appears.

Chris Nagel, EML’s Director / Head of HR, comments:

“As UK legislation has already enacted a large proportion of EU employment law, it will remain effective until amended. Such changes would require Parliamentary approval which, of course, [...]

Dismissal for inappropriate Facebook post found to be fair

Continuing our review of social media and tribunal claims, an Employment Tribunal (in the case of Plant v API Microelectronics Limited) recently considered whether the decision to dismiss fell within the range of reasonable responses.

The Claimant had been employed by the Respondent for 17 years and at the time of her dismissal she had a clean disciplinary record. In 2015, the Respondent introduced a social media policy which clearly stated the things that employees [...]

Does your employment documentation discriminate on the grounds of age?

When was the last time you reviewed you employment documentation to ensure you aren’t discriminating against age?

Age discrimination occurs when you unfairly disadvantage someone on the grounds of age for reasons that you can’t objectively justify. Examples include:


Stipulating age restrictions on job advertisements
Forcing employees to retire at a certain age
Only recruiting employees from specific age groups
Using ageist language such as referring to someone as a “youngster” or “old timer”
Asking for [...]

Fines for H&S offences on the rise following introduction of new sentencing guidelines

The increase follows a change in legislation made effective February 2016 by the Sentencing Council, under the Coroners and Justice Act 2009.

The new guidelines were imposed for health and safety, food hygiene and corporate manslaughter offences. The court must now consider culpability, seriousness and likelihood of harm as well as the size of a business / its turnover when imposing fines. Health and Safety offences are concerned with failures to manage risks to health [...]

By |May 16th, 2017|Health & Safety News|

Employment law frenzy in Tory manifesto

It’s no surprise that there are a number of promises being bandied around in the run up to the General Election relating to the protection of workers’ rights which, if delivered, may have a significant impact on businesses.

Whilst large organisations may be able to weather the changes more easily, small and medium sized businesses may struggle to meet the ever growing demands on their budgets and operations in accommodating the new initiatives.

Key elements of the [...]

EAT determines that recruitment tests discriminated on grounds of disability

The recent case of The Government Legal Service v Brookes should be of particular interest to employers who use psychometric testing (or any testing) during the recruitment process.

As EML clients will know, the duty on employers to make reasonable adjustments for applicants who meet the definition of disabled under the Equality Act 2010 can arise at any point during the recruitment process, from advertising through to selection. What is reasonable depends on factors such [...]

Gender pay gap data now accessible online

Further to the implementation of the Gender Pay Gap Regulations, the information published by organisations is now publically accessible via the gender pay gap viewing service. This can be accessed here.

By way of a reminder, the Regulations required large private and voluntary sector employers (i.e. those with 250 employees or more) in England, Wales and Scotland to take a snapshot of pay and bonuses as at 5 April 2017 (although it was 31 March [...]

Care worker imprisoned after death of service user

A former Nottingham care worker has been sentenced after the death of a service user.

Nottingham Crown Court heard how a group of service users from the day centre had been on a trip to Kings Mill Reservoir. The care worker, who at the time was supposedly providing one-to-one supervision, lost sight of the service user, who drowned when he suffered an epileptic seizure around the time that he fell into the reservoir.

A joint investigation [...]

By |April 5th, 2017|Health & Safety News|

Gender Pay Gap Reporting – Snapshot Day!

By way of a reminder, the Gender Pay Gap Regulations require large private and voluntary sector employers (i.e. those with 250 employees or more) in England, Wales and Scotland to take a snapshot of pay and bonuses as at today (although it was 31 March 2017 for public sector organisations). They will then have 12 months to publish a report on their own and government websites indicating the differences between the average pay and [...]

By |April 5th, 2017|HR / Employment Law News|