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25.1.12 'Reasonable Administrative Action' - Diseases arising on/after 13 April 2007 as a result of Reasonable Administrative Action
Where the onset of a disease is on or after 13 April 2007 the relevant test will come within the SRCOLA 2007 amendments which is 'reasonable administrative action' rather than 'reasonable disciplinary action.'
Reasonable Administrative Action is defined to include the following in s5A(2):
reasonable appraisal of the employee's performance;
- a reasonable counselling action (whether formal or informal) taken in respect of the employee's employment;
- a reasonable suspension action in respct of the employee's employment;
- a reasonable disciplinary action (whether formal or informal) taken in respect of the employee's employment;
- anything reasonable done in connection with an action mentioned in paragraph (a), (b), (c) or (d);
- anything reasonable done in connection with the employee's failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment.
The policy above relating to Reasonable Disciplinary Action should be taken to relate to Reasonable Administrative Action however noting that 'Reasonable Administrative Action' is a broader test. Delegates should bear in mind that if the condition is as a result of reasonable administrative action (which includes anything in S5A(2)) then it will be excluded from liability. Just as with disciplinary action, the administrative action must be 'reasonable'. If a delegate determines the administrative action is unreasonable, then the claim will not be subject to the exclusion (see 25.1.6 and 25.1.7).