Winckworth Sherwood

UK 200 2014 position: 81

Reasonable adjustments and disability-related sickness absence

Mrs Whiteley (the claimant) commenced employment with HM Revenue & Customs (HMRC) on 23 October 1978 and was still employed when this case was heard. She suffers from asthma and, over the course of around five-and-a-half years from January 2005 until September 2010, she was absent from work for a total of 54 days due to sickness. All but 13 of these days were due to acute upper respiratory tract infections.

HMRC had a policy of ‘subjecting to consideration’ absences of more than 10 days due to ill health in a rolling year. This meant than an employee whose absences exceeded 10 days could be subjected to disciplinary processes, beginning with warnings and leading eventually and in due course to potential dismissal.

In 2010, the claimant had been absent from work for 15 days up to and including 15 October 2010; one day was due to a condition that was nothing to do with upper respiratory tract infection and 14 days were due to viral infections and a chest infection…

If you are registered and logged in to the site, click on the link below to read the rest of the Winckworth Sherwood briefing. If not, please register or sign in with your details below. 

Sign in or Register to continue reading this article

Sign in


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


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

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.


Minerva House
5 Montague Close

Turnover (£m): 30.48
No. of lawyers: 117