Posted By Paul Leadbetter J As the condition may well constitute a disability, the Disability Discrimination Act requires you to make reasonable adjustments to accommodate the affected employee. Paul

Posted By Andrew Kurdziel In response to P F's comment No, you do not have to be registered disabled to be classified as disabled under the DDA. Registered disabled usually refers to those people who have certain entitlements under social security, blue badge scheme etc. As far as the DDA goes the only criteria that apply are that they have ”a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” That’s it, whether they are registered disabled or not is irrelevant. See “Guidance on matters to be taken into account in determining questions relating to the definition of disability” on http://www.equalityhumanrights.com/

Posted By Phil Rose I think that you would be entirely wrong if you thought that any actions that you took were 'goodwill', I would have said that you owe them a number of statutory obligations. There are a number of other things you could and should be doing such as: 1. Assessment of the work to determine if this is causative of or contributing to the back injury 2. Contact with GP 3. Assessment by an OH practitioner However, I think that one course of action that you should definitely be taking is to have a look into an Access to Work application/assessment for the employee. This is something that the employee normally has to do themselves and for which they do not have to be registered disabled

Posted By Lilian McCartney the 'extra duty of care' requirement will apply in this case. That doesn't mean they automatically get what they ask for but you should do a Personal Risk assessment for them. Access to Work can help towards the cost of any equipment required - conditions apply. Lilian

Posted By Phil Rose Kieran - can I ask exactly who were advised to 'update' (not quite sure what that means) their PLI and why?

Posted By Stuff4blokes William, unless you have specified this within the contract between the two companies the answer will be the decided by commercial necessity. Whilst most DSE "use" is done using a seat and it is reasonable to expect that the seat and DSE equipment would be provided in a package, the commercial reality of your relationship may dictate whether you or the host company stump up for the new expensive chair.

Posted By Kieran J Duignan Phil The speaker as, I think, making a rhetorical point based on examples she gave where, reportedly, safety professionals had been content to apply a 'general' risk assessment to justify layoff of people with disabilities, without examining particular details. (If you really need the reference and let me know your email, I'll trace it during the coming weekend). Settlements are more cut and dried where an employer has simply failed to carry out a competent and thorough individual risk assessment in the case of a person with disability. In practice, in the UK and Ireland, the adversarial nature of hearings about claims incline insurers to settle where a diligent OSH professional may actually be able to withstand careful scrutiny. Yet lawyers can also be in the position where they conscientiously use the process of evidence gathering to negotiate an optimal settlement for their clients.