Reasonable adjustments duty does not arise when employee is unfit to return to work

In Doran v Department for Work and Pensions, the EAT has upheld a Tribunal decision that an employer was not under a duty to make reasonable adjustments in circumstances where an employee off sick had not given any indication that she would be returning to work. Her medical certificates continued to state that she was unfit for work and the impression she gave was that she would not be able to return any time soon. They also accepted the Tribunal’s finding that the onus was on the employee to suggest a lower grade role with a phased return in the event she became fit to do some work.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.