Harbinson v Hovis Ltd [2021]

The claimant has a shoulder condition (Bilateral Calcific Bursitis) for which he received a series of adjustments to his role. This was prior to the event which gave rise to the index claim.

In January 2019, the claimant was referred to occupational health by the company nurse. At the time of the appointment, the claimant was actually off work due to a flare up of the condition. The report from occupational health was not received until August 2019 by which point the claimant’s fit note had expired and he had returned to work for a few weeks.  

The report outlined that whenever the claimant did return to work that he nature of the duties in his role would lead to an aggravation of