The Employment Appeal Tribunal (EAT) has decided that an employer did not need to adjust the trigger points in its attendance policy to allow more time off for a disabled employee. However, the EAT's decision is controversial and is under appeal, and should therefore be interpreted with caution. The case of Griffiths v Secretary of State for Work and Pensions centred on the duty to make reasonable adjustments under section 20 of the Equality Act 2010 (EqA). Yet, even in the absence of the reasonable adjustment duty, there remains a need to avoid discrimination arising from disability (s.15) and indirect discrimination (s.19). A failure to allow greater leeway for a person who needed more time off because of their disability could still expose the employer to a claim of disability discrimination unless justified.
展开▼
