In Carrabyne v The DWP, Carrabyne (C) is disabled as she suffers from a hip problem and depression. The employer’s policy required a certain level of attendance to be maintained so as not to trigger the risk of sanction or dismissal. The tipping point for C’s dismissal was her absence from work for four days with gastric flu, which activated the ‘trigger’ within the six-month review period following her final written warning requiring improved attendance. An ET upheld C’s failure to make reasonable adjustments claim. The cost of either discounting the disability-related absences or extending the trigger points would have been nil, but were not put in place. The employer also accepted C was treated unfavourably because of something arising in consequence of her disability, but had not shown that dismissal was a proportionate means of achieving a legitimate aim. The balancing act between C’s loss of her job and the inconvenience to her colleagues weighed in favour of C remaining employed.

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