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Posted By Forbez3
Could anyone provide me information on the employers legal standpoint on issues regarding employees who are unfit for work through stress / depression / disability.
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Posted By Kieran J Duignan
The heading to this question contrasts with the actual question itself.
While the issues are far too complex to address without knowing the details behind the question, there are three useful guidelines.
One is that the basic principle is the same as for all hazards. This principle is simply to assess the risks to a person associated with a physical or mental impairment and manage them appropriately so far as reasonably practicable; and to assess risks associated with stress or depression once you have reliable information that an employee has such a condition.
A second is that safety/health law takes precedence over the DDA in the event of an apparent conflict, but it is necessary to justify any decision about a disabled person with reference to a valid risk assessment.
The other is to study relevant case law in appropriate detail.
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Posted By Mitch
Forbez3,
As pointed out a complicated question, has the illness been attributed to work?
Mitch
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