Does an employee have the right to place themselves on 'disability related leave' if they believe the appropriate 'reasonable adjustments' have not been made?Posted in : First Tuesday Q&A NI on 4 December 2012
There is no statutory term or right to “disability related leave”. However, situations can arise where an employee may argue that they are on sick leave because their employer has not made an appropriate reasonable adjustment.
In the case of Olenloa v North West London Hospitals NHS Trust (June 2012) the Employment Appeal Tribunal considered whether the failure to offer reasonable adjustments to an employee meant he had no alternative but to remain on sick leave. The employee was suffering from Adjustment Disorder with a mixed anxiety and depressive reaction. He argued that if the Trust had made the reasonable adjustments requested (including reducing staffing levels, reallocating duties
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
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.