Disability and reasonable adjustments
The Employment Appeal Tribunal (EAT) has held that an employment tribunal erred in deciding that an employer’s approach of discounting some disability-related absence from the overall level of sickness absence was impermissible and remitted the matter to a fresh tribunal. In reaching this decision, the EAT offered guidance on two possible approaches that employers may adopt when making allowances for absences caused by disabilities that interact with ordinary ailments (Commissioners for Her Majesty’s Revenue & Customs v Whiteley).
Under the Equality Act 2010, employers have a duty to make ‘reasonable adjustments’ for disabled employees where the employer operates a provision, criterion or practice that puts the disabled employee at a substantial disadvantage in comparison with those who are not disabled.
It is common for disabled employees to have a greater level of sickness absence than non-disabled employees. Accordingly, sickness absence policies that provide scope to impose penalties after a certain level of sickness absence is reached are likely to disadvantage disabled employees. In this case, the EAT considered how employers should approach the difficult issue of adjusting such policies for disabled employees…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
The Supreme Court in Coventry v Lawrence has altered the approach that courts will take when considering whether to grant injunctive relief or damages.
Data & Information E-Alerts — nuisance calls action plan; £50,000 fine for unlawful calls; simpler security classifications; and more
Addleshaw Goddard has released the 4 April 2014 edition of its Data & Information E-Alerts publication.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.