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Legal Updates

 

 

Duty to make reasonable adjustments may apply to absence management policies

12-February-2016
12-February-2016 12:27
in General
by Admin

The Court of Appeal has confirmed that the duty to make reasonable adjustments for disabled employees applies to absence management policies (Griffiths v The Secretary of State for Work and Pensions [2015] EWCA Civ 1265). This means that employers may need to relax their absence management policies in relation to disability-related absences, or face claims of disability discrimination.

 

Whether an employer is required to disregard disability-related absences in applying a policy will depend on the circumstances of the individual employee, but the court's decision provides some guidance on when adjustments will be required, as well as more general guidance on the scope of the duty to make reasonable adjustments.