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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Freshfields Bruckhaus Deringer has made waves in Manchester by offering the city’s paralegals turbocharged salaries to switch allegiances.
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all