Jennings v Barts and The London NHS Trust [2013] UKEAT/0056/12/DM

The claimant, an NHS Trust employee of nine years standing, was dismissed from his position due to his poor his short-term sickness absence record. His initial Tribunal claims, for Unfair Dismissal and for disability discrimination due to an alleged failure by the Trust to make reasonable adjustments, were unsuccessful. This position was upheld by the EAT, which held that the claimant had not engaged in meaningful, constructive practical steps to facilitate his return to work. The Tribunal's finding that the Trust had "imputed knowledge" that the claimant was disabled nevertheless led the employer to appeal.

During his employment, the claimant was frequently absent from work due to a