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Mental Health and Employment Law – an overview

Mental Health and Employment Law – an overview. Daire Murphy Employment Legal Adviser Law Centre (NI) 8 October 2014. Law Centre (NI). Employment advice work Representation Preventative work Employment law - complexity. Mental Health Unit. Advice and representation Hospital detention

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Mental Health and Employment Law – an overview

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  1. Mental Health and Employment Law – an overview Daire Murphy Employment Legal Adviser Law Centre (NI) 8 October 2014

  2. Law Centre (NI) • Employment advice work • Representation • Preventative work • Employment law - complexity

  3. Mental Health Unit • Advice and representation • Hospital detention • Community access to treatment and services • Mental Health Law training • Policy – the Mental Capacity Bill 2014

  4. Mental health issues inemployment law • No “mental health” specific legislation • The same responsibilities to all employees • Policies and procedures • Particular issues

  5. Fair procedural framework • Beneficial across the board • Fair and reasonable treatment of employees • Protective effect for the employer • Making fully informed decisions

  6. Early resolution • A culture of openness • Preventing escalation • Policies – the need to actively implement • Training – external resources • Discrimination – the employer’s defence

  7. Contractual issues • Health and safety • Trust and confidence • Constructive dismissal • A fundamental breach of contract

  8. Personal injury • Employer’s duty of care • Reasonably foreseeable • Reasonable steps to avoid • Injury v stress • Causation and exacerbation

  9. Disability discrimination • Mental health – a continuum • Identifying disability • Safety first • Medical opinion

  10. Disability legislation • The Disability Discrimination Act 1995 • Great Britain – the Equality Act 2010 • Equality Commission Disability Code of Practice

  11. Definition of disability “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”

  12. Definition of disability • Mental impairment – removal of illness requirement • Long-term • Day-to-day activities • Substantial

  13. Discrimination • Direct and disability-related discrimination • Harassment (employer’s defence) • Victimisation • The duty to make reasonable adjustments

  14. Reasonable adjustments • Statutory examples • Modification of procedures • Employer’s resources • What can we do to help?

  15. Medical records and opinion • An informed response • Sensitive Personal Information – Data Protection Act 1998 • The Access to Personal Files and Medical Reports (NI) Order 1991 • Privacy – proportionate and relevant requests

  16. Recruitment • Disability Code of Practice • Arrangements for attending interview • Possible discrimination in recruitment and selection

  17. A positive response • Meeting employer responsibilities – part of the bigger picture • A reasonable response • New and existing employees

  18. Law Centre (NI) Law Centre (NI) 124 Donegall Street Belfast BT1 2GY 028 9024 4401 www.lawcentreni.org

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