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DISABILITY DISCRIMINATION: Do not adjust your sickness policy

05 February 2016  

It was not reasonable to expect an employer to make adjustments to its absence management policy to remove disadvantage to a disabled employee, reports Jo Broadbent

Absence management policies often contain a so-called ‘trigger point’. This usually means that once an employee exceeds a certain number of absences over a particular period, formal action under the policy, such as a warning, will follow. Whether the duty to make reasonable adjustments applies in such circumstances has been the subject of a number of Employment Appeal Tribunal (EAT) cases over the last few years. The Court of Appeal decision in Griffiths v Secretary of State for Work and Pensions [2015] confirms that it does – but also highlights some of the factors that will be relevant to deciding whether an adjustment is reasonable.

 

Additional Info

  • Case(s) Referenced:

    General Dynamics Information Technology Ltd v Carranza [2014] UKEAT 0107/14

    Griffiths v Secretary of State for Work and Pensions [2015] EWCA Civ 1265

    Lewisham London Borough Council v Malcolm [2008] UKHL 43

    Royal Bank of Scotland v Ashton [2010] UKEAT 0542/09

Last modified on 05 February 2016