'Thank you for the email last week relating to the situation with diagnostic sweeps not being paid for, it certainly helped with a problem that we have faced on several occasions, I guess we are no longer in the ‘only one club’ regarding diagnostic sweeps.

We have a similar problem with insurance engineers changing estimates/repair methodology which we create. Our experienced and manufacturer trained VDA creates an estimate/repair methodology and emails it to the ‘engineer’. The engineer then amends the estimate/repair methodology and returns it to us having authorised the amended estimate.

With the high volume low margin repair model we operate we are required to rely upon a number of automated processes, with these automated processes it is possible that the ‘engineer’ amended estimate/repair methodology can flow through our systems without being ‘picked up’ and then is used by our employees and possibly result in an unsafe repair.

Can we do anything about this?’

Help? A vehicle manufacturer, we are approved by, has informed us that it is important that we;

1. undertake a sweep of the vehicle’s diagnostics system prior to starting the repair process, and
2. also undertake a sweep when the repair process has been completed.

Apparently checking the diagnostic systems before the repair will highlight if there are any faults with the systems which may have been caused by the impact. Checking after confirms that certain fault codes that may arise as a result of the repair process can be removed.

Some insurers have informed us not to undertake this task and refuse to pay for undertaking a diagnostics sweep, what can we do?

In Kaltoft v Municipality of Billund (a Danish case) the Advocate General has now issued his opinion confirming that obesity, on its own, is not a protected characteristic under the Equal Treatment Framework Directive.

The main part of the opinion considered whether obesity, without more, fell within the definition of a disability.  The Advocate General pointed out the EU definition of disability covers the situation when a physical or mental condition makes "carrying out of that job or participation in professional life objectively more difficult and demanding. Typical examples of this are handicaps severely affecting mobility or significantly impairing the senses such as eye-sight or hearing."

However, “severe” obesity may be considered a disability for the purposes of the Directive.

Employers should be aware and be ready for the introduction of the Government’s new National Health and Work Service, which will come into effect in selected geographical areas from October 2014, and nationally from April 2015.