Griffiths v The Secretary of State for Work And Pensions [2015]

  • Case Reference
    EWCA Civ 1265
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Disability Discrimination; Reasonable Adjustments

The employee worked for the employer for over 30 years when she started to experience the symptoms of conditions which were later diagnosed as post viral fatigue and fibromyalgia. She had 66 days off work, 62 of them related to her disability. She was given a formal written improvement warning which was in accordance with the terms of the respondent's Attendance Management Policy that envisaged the possibility of disciplinary sanctions after a specified period of absence from work.

The claimant argued the employer should have discounted the 62 disability-related absences as a reasonable

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This article is correct at 28/01/2016
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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