Sickness absence triggers and reasonable adjustments
Managing sickness absence can be a tricky area, particularly in the case of disabled employees, who may require more time off than others.
The application, without modification, of an employer’s sickness absence policy to a disabled employee may give rise to a discrimination claim.
Under section 20 of the Equality Act, where a provision, criterion or practice (PCP) puts a disabled employee at a substantial disadvantage compared with employees who are not disabled, the employer is required to make such adjustments as are reasonable to remove that disadvantage. What is reasonable will depend on all the circumstances of the case…
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