Employment Rights Update December 2015 part 2
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Reasonable Adjustments – Griffiths v The Secretary of State for Work and Pensions |
The Claimant was absent from work over a period of time, in consequence of her disability. The fact of disability was not in dispute.
She received a written warning, having reached 8 days of absence (what the employer described as the “consideration point”).
The employer’s policy on sickness made allowances for people with disabilities. In particular the employer was able to extend the consideration point as a reasonable adjustment.
There was however no extension in this case.
The ET and the EAT found in favour of the employer. They reasoned that disabled people and people who were not disabled were all treated in the same way by the employer. A person without a disability who was sick for 8 days was treated in just the same way as a person with a disability. So the duty to make reasonable adjustments simply did not arise.
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