Flexible working requests and the law: a guide for district nurses

Flexible working provides employees with the ability to make it easier to balance work and caring responsibilities. All qualifying employees, including those who are district nurses, have a right to request an adjustment to their working hours and work patterns. Where the request is refused an appeal can be made to an employment tribunal and further action can be considered on the grounds of discrimination.

The law and grievance resolution in the workplace: a guide for DNs

Disputes at work are never pleasant and can lead to long term strain on the relationship between district nurses and managers. It is in the best interest of both to deal with any problems openly and fairly. The legislation relating to workplace grievances and claims arising from these to an employment tribunal changed on 6th April 2009. The new framework requires grievances to be resolved by both the employer and employee working together and abiding by a revised statutory Code of Practice from the Advisory, Conciliation and Arbitration Service (ACAS, 2009a). It is, therefore, important that district nurses are aware of the new law, the Code and their rights in the event of a grievance at work.

Pattern of workplace disputes in cancer survivors: a population study of ADA claims

BACKGROUND

The Americans with Disability Act (ADA) claim patterns can provide information on sources of potential work discrimination faced by employees with various health problems. This study investigated the pattern of ADA disputes among cancer survivors and non-cancer related impairments.

MATERIALS AND METHODS

Using multivariable logistic regression adjusting for demographics, employees with cancer related claims were compared to employees with other impairment related claims for alleged violations from 2000 to 2005. The impairments were grouped into orthopedic, behavioral, medical, neurological, sensory, cancer, cancer comorbid (cancer and non-cancer impairments), and comorbid "other" (non-cancer comorbid disorders). The dispute categories included: termination, reasonable accommodation, relations, terms, hiring, and a nonspecific "other" category.

RESULTS

This study analyzed 59,981 cases over a 6 year period. All comparisons were made in relation to the cancer group. There was a protective effect for any impairment other than cancer (OR = 0.29-0.63, 95% CI = 0.25-0.72) related to discharge from work. Also, orthopedic (OR = 0.81, 95% CI = 0.71-0.93), general medical (OR = 0.82, 95% CI = 0.72-0.94), and neurological (OR = 0.83, 95% CI = 0.71-0.96) impairments were found to be protective for claims related to terms of employment relative to cancer. Cancer survivors who reported a second impairment in addition to cancer were more likely to file disputes that involved relations with others at work (OR = 1.47, 95% CI = 1.16-1.87) in comparison to those with cancer only. Orthopedic (OR = 2.42, 95% CI = 2.13-2.76), neurological (OR = 1.50, 95% CI = 1.30-1.72), and sensory (OR = 1.50, 95% CI = 1.29-1.73) groups were more likely to file accommodation related disputes than the cancer group. Sensory (OR = 4.41, 95% CI = 3.45-5.63), other-comorbid (OR = 2.33, 95% CI = 1.85-2.94), medical (OR = 1.92, 95% CI = 1.51-2.44), and neurological (OR = 1.59, 95% CI = 1.23-2.05) impairment groups filed more disputes related to hiring than the cancer or the cancer-comorbid group.

CONCLUSION

Cancer survivors are more likely to file job loss claims and differential treatment related to workplace policies. Those with cancer and another impairment file more claims related to relationship problems at work than cancer only. The factors accounting for these claims need to be explored in future research in order to develop more specific evidence based policy and practice.

IMPLICATIONS FOR CANCER SURVIVORS

While the percentage of cancer survivors who file claims are relatively small, job termination and terms of employment are more likely to be concerns for cancer survivors than employees with other types of impairments. If a cancer survivor has another health problem as well relationship disputes are likely to emerge.

Investigating claims of harassment and discrimination in a workplace

This article presents a case study of a situation in a large academic practice that could have resulted in a harassment lawsuit due to improper handling by management. It also suggests steps any practice can take to avoid lawsuits by incompetent employees who are fired.