Legal News

The Court of Appeal has held that the reasonable adjustment duty does apply to attendance procedures.

Controversially, the EAT had previously decided that in effect the reasonable adjustment duty did not require adjustments to attendance procedures. The EAT said that a disabled person was at no disadvantage compared with other employees who had the same absence.

The Court of Appeal in Griffiths v Secretary of State for Work and Pensions has now overturned this decision Reasonable adjustments to attendance procedures may be required.

However, the court stressed that the reasonable adjustment duty is not the end of the story – dismissal or any other sanction which is not proportionate may be a breach of s.15 EqA, even if any required adjustments have been made.

More: Attendance management and EqA.

Also Diana Kloss has written a blog on the case: Attendance management and reasonable adjustments.