Secretary of State for Work and Pensions (Jobcentre Plus) v Higgins [2013] UKEAT/0579/12/DM

Posted In: Case Law
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
Issues covered: Disability discrimination; Reasonable Adjustments

In this case the Employment Appeal Tribunal looked at whether an employer breached their duty to make reasonable adjustments by only offering a disabled employee reduced hours for a fixed period of time. Mr. Higgins was a long serving employee at Jobcentre Plus. He developed a heart condition and was off sick for a lengthy period. He was at all material times disabled within the meaning of the Disability Discrimination Act 1995 and later, the Equality Act 2010.

The employer looked to put in place a Part-Time Attendance on Medical Grounds (PTMG) Plan, which included a return to work on part time hours over a 13 week period before going full time again. Mr. Higgins refused to return to work

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This article is correct at 01/11/2013

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