What adjustments does an employer need to make to its absence policy for a disabled employee?

By Kevin McCavish

The Employment Appeal Tribunal has recently considered how an employer might make allowances for disabled employees when applying its sickness absence policy.

Under the Equality Act 2010 (the Act), employers have a duty to make reasonable adjustments for employees and applicants who are disabled within the meaning of the Act. A person is disabled if they have ‘a physical or mental impairment that has a substantial and long-term effect on his or her ability to carry out normal day-to-day activities.’

The employer’s duty to make reasonable adjustments only arises where a provision, criterion or practice puts a disabled person at a substantial disadvantage when compared with a non-disabled person…

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