Employers should get ahead of the law prior to making any decisions, says lawyer
With mental health issues seemingly on the rise post-pandemic, employers need to tread carefully when it comes to legal obligations around psychological wellbeing.
Accommodation requests are coming at HR leaders thick and fast – and while employers have a duty of care and responsibility, sometimes these requests simply aren’t possible.
Speaking to HRD, Ryley Mennie, principal at Miller Titerle Law Corporation, advises employers to get ahead of the law prior to making any decisions.
“It’s really it's become more of a nuanced process,” Mennie told HRD. “The circumstances related to the pandemic has made accommodation requests into a more complex undertaking - where before it was more predictable although always flexible and case specific.
“Now, the goalposts have moved. The framework for what constitutes a typical workplace operational structure has changed – and with that so have the rules of accommodation.”
With levels of absenteeism and long term leave higher than ever, employers need to stay on top of their legal responsibilities and duty to accommodate. HRD’s upcoming Employment Law Masterclass will include sessions on this very topic.
One talk, hosted by Rachel Turnpenney, partner at Turnpenney Milne, will look at employers’ legal obligations - and how they can support employees while still meeting the needs of the business.
This session will include:
- Understanding your duty to inquire when addressing health issues
- Managing accommodation requirements for return to work from non work-related disability leave
- An overview of accommodation requirements under human rights law
Book your tickets for the upcoming Masterclass here.
