Monmouthshire County Council v Harris [2015]

Posted In: Case Law
  • Case Reference
    UKEAT 0010_15_2310
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality
Issues covered: Disability Discrimination; Long-Term Absence

The EAT in this case has confirmed that a tribunal, when dealing with an unfair dismissal case based on long term absence, must follow the Scottish Court of Session case BS v Dundee City Council [2013] ScotCS CSIH_91, which concluded that tribunals must consider whether an employer could have been expected to wait longer for the employee to return to work. 

The case also considers the need for reasonable adjustments in disability situations, the claimant here suffering four chronic conditions (depression, sinusitis, asthma and underactive thyroid). The Claimant had been allowed to adopt a pattern of working from home during early mornings and late afternoons and to reserve Fridays for

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This article is correct at 30/10/2015

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