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.