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Failure to adjust absence trigger points for disabled employee was discriminatory

An ET finds that the dismissal of a disabled employee after she exceeded the trigger point for action in the employer’s absence policy was discriminatory as reasonable adjustments were not put in place.
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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.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

 

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