By Michael Nadin Update on employment Status claims Establishing “worker” status (as separate from being…
PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
A large number of disability cases concern employees on long-term sickness absence and the steps that employers should take to help them to return to work. An EAT case illustrates that, generally, 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.
The EAT has held that an employment tribunal was entitled to find that an employer’s duty to make reasonable adjustments was not triggered where a sick employee had not given any sign that she would be returning to work. The employee had given the impression that she would not be able to return any time soon, and her medical certificates continued to state that she was unfit for work.