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
Chris Fullerton
Arthur Cox

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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Back to Q&A's This article is correct at 06/06/2017
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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.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton