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DISABILITY DISCRIMINATION: EAT puts its finger on the trigger point

11 July 2014  

Louise Mason examines a recent ruling on whether employers need to adjust absence policies to avoid treating disabled staff unfairly

In Griffiths v Secretary of State for Work and Pensions [2014], the Employment Appeal Tribunal (EAT) considered the issue of reasonable adjustments to absence management policies for disabled employees. It concluded that the duty to make reasonable adjustments did not require varying trigger points for formal action under such policies. However, the decision is potentially open to challenge and employers should be wary of relying on it too heavily.

Additional Info

  • Case(s) Referenced:

    Commissioners for HM Revenue & Customs v Whiteley [2013] UKEAT/0581/12

    Griffiths v The Secretary of State for Work and Pensions [2014] UKEAT/0372/13

    Royal Bank of Scotland v Ashton [2011] ICR 632