We're pleased to remind readers that our annual national seminar series is coming up with the first at the end of this month. If you've missed the invitation it's here. Please do sign up, and we'll look forward to seeing you at one of the events.
Similarly, we are hosting a Right to work check Civil Penalties webinar on 13 September. Please click here to RSVP.
This month, we cover two disability discrimination claims. The first shows how important it is for employers to enquire proactively about the effects of workers' disabilities during an application process, and the second explores the risk of discriminating against disabled employees suspected of malingering. We also cover the increase in the maximum Civil Penalty for employing illegal workers.
We also cover the new Fit and Proper Person Test Framework for board members, which has been issued by NHS England and is applicable to all NHS organisations. Our health regulatory colleagues will also be producing more detailed guidance.
1. Disability discrimination: Enquiring into the effects of a job applicant's disability
The EAT has upheld an employment tribunal's decision that an employer should have telephoned a job applicant with dyspraxia to find out why he struggled to complete an online form.
2. Disability discrimination: A mistaken belief that a disabled employee was working while on sick leave can be discriminatory
The EAT has upheld an employment tribunal's decision that an employer who dismissed a disabled employee because of its mistaken belief that he was doing physical work while on sick leave had discriminated against him for something arising from his disability.
3. New fit and proper person test framework for NHS boards: New and updated requirements for director level posts introduced
4. Fines for employing illegal workers to triple to £60,000 from early 2024
The government has announced that it will be increasing the maximum Civil Penalty for employing illegal workers from £20,000 to £60,000 per illegal worker, and that it will further link employing illegal workers to sponsor licences.
