Reasonable Adjustments and Sickness Absence: Where Employers Go Wrong

One of the most common tribunal risks arises from failure to consider reasonable adjustments. In McMillan v Airedale NHS Foundation Trust (2014), the rigid application of absence triggers without adjustment was challenged. The case highlighted a critical issue — treating all absences equally, regardless of disability.

Under the Equality Act 2010, employers must take reasonable steps to reduce disadvantage. This includes adjusting absence thresholds, working patterns, or role expectations where appropriate. Failure to do so creates both legal and operational risk.

One of the most common tribunal risks arises from failure to consider reasonable adjustments. In McMillan v Airedale NHS Foundation Trust (2014), the rigid application of absence triggers without adjustment was challenged. The case highlighted a critical issue — treating all absences equally, regardless of disability.

Under the Equality Act 2010, employers must take reasonable steps to reduce disadvantage. This includes adjusting absence thresholds, working patterns, or role expectations where appropriate. Failure to do so creates both legal and operational risk.

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