If a medical report recommends some kind of flexible working and the employer claims they cannot provide it - what are the consequences?Posted in : First Tuesday Q&A NI on 6 June 2017
The main considerations here are whether the employee suffers from a disability and whether the employer is under a duty to make a reasonable adjustment for the employee, such as offering some kind of flexible working.
The employee will have a disability if he or she has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out day to day activities.
The employer will be under a duty to make a reasonable adjustment for the disabled employee if any "provision, criteria or practice" – broadly, any arrangement of the employer, or any
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