Duty to make reasonable adjustments when employee is on sick leave

In Doran v Department for Work and Pensions UKEAT/0017/14, the Employment Appeal Tribunal confirmed that in reasonable adjustment cases under the Equality Act 2010, for an employer’s duty to make adjustments to be triggered there must be an indication that the employee might be fit to return to work at some point.

This means that if an employee is on long term sickness due to a disability, the employer is not obligated to make any reasonable adjustments for that employee at work unless they know that s/he will be returning to work.

Rob

Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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