Croner Training's 8th update on Fitness for work 2008

Course Code: cm65301      Days: 1
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London (SE1) 15/10/08 £ 649
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Course Overview

Most employers and occupational health staff are faced with difficult decisions concerning fitness for work, whether this be recruitment decisions or decisions concerning a return to work after a spell of sickness absence. The impact of the Disability Discrimination Act 1995 has made itself felt in many important decisions coming from the Employment Tribunals. This leading one-day seminar will help you answer the following types of questions:

  • Would it be lawful to refuse to recruit someone with a previous history of mental illness?
  • What action can an employer take if he finds out that an employee has lied at the pre-employment interview about a significant ill health problem?
  • What can an employer do if he suspects an employee is malingering or ‘cheating’ whilst off sick?
  • Is it lawful for an employer to use the absence record of an employee with a disability in a redundancy selection exercise?
  • What is the evidence base for effectively helping employees with common mental health problems?

Audience

  • Experienced practitioners who wish to update themselves in areas of occupational health and the law
  • HR managers
  • Occupational health physicians
  • Nurses
  • Line managers
  • Health and safety managers

Skills Gained

This one-day seminar will help you:

  • Improve your understanding of the law and good practice in dealing with ill health cases
  • Gain an understanding of the ethical issues of confidentiality and consent and what your doctors and nurses can and cannot tell you
  • Receive the most up-to-date information on the new data protection rules and guidance from the Information Commissioner on worker's health and medical records
  • Learn about the impact of the Disability Discrimination Act 1995, the new DDA regulations 2004 and the most recent case law
  • Model precedents for sickness absence and other ill health policies
  • Have your questions answered by two leading experts in the field of occupational medicine and the law
  • Return to your company and implement some practical solutions to difficult problems

Course Outline

Medical ethics and the DPA 1998

  • Confidentiality and informed consent, sensitive data under 5.2 of DPA 1998
  • Medical reports and disclosure issues
  • Difficult situations

Age discrimination Regulations 2006 - health and age and recent case law

  • Bloxham vs Freshfields
  • ECJ mandatory retirement age

Stress, anxiety and depression - how to deal with these issues

  • Intel vs DAW
  • Implications
  • Making reasonable adjustments under the Disability
  • Discrimination Act 1995 as amended
  • Examples of reasonable adjustments
  • Sickness and stress
  • Triggered by discipline or performance investigations
  • Drafting a sick pay clause to deal with 'stress' absences caused by disciplinary issues
  • Offering options to those who go off with stress to avoid a disciplinary hearing - latest Guidance from ACAS
  • Conduct during sickness absence
  • Using private detectives and Human Rights Act 1998 and the use of covert surveillance
  • HSE Stress Management Standards - how to adapt them to your own organisation the law and medical issues for 2008
  • How to deal with stress; focus groups, risk assessments, round table discussions, policies and procedures and using clinical psychologists
  • The policy at EDF Energy

Bullying at work

  • Latest case law
  • Practical tips on how to deal with bullying

Sickness absence - getting staff back to work

  • Understanding sickness absence - recent case law and good practice
  • Obtaining medical records and conflicting reports
  • Assessing medical reports
  • Employees who refuse to give consent to disclosure of medical records and medical reports
  • Hanlon vs. Kirklees Borough Council
  • MED 3 - are they meaningless and can you challenge them?
  • How to deal with malingerers
  • Drawing up an effective policy
  • Conflicting medical advice

How to assess fitness to return to work

  • Asking the doctor the right questions
  • Expert evidence

How to use your OHP service to assist in short-term, unrelated sickness absence cases and the acute or long term sickness cases

  • Early retirement on ill health grounds
  • Permanent Health Insurance cases


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