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
Emma-Jane Flannery
Arthur Cox

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

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Back to Q&A's This article is correct at 02/09/2015
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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery