Absence Management and the Cost of Failing to Make Reasonable Adjustments
Published on: 09/04/2018
Article Authors The main content of this article was provided by the following authors.
Louise McAloon Partner, Worthingtons Solicitors
Louise McAloon Partner, Worthingtons Solicitors
Louise mcaloon

Louise leads and manages the employment department, which is currently the largest employment law practice in Northern Ireland.

With over 18 years’ experience in employment law, Louise’s knowledge and attention to detail provide an innovative approach that her clients appreciate in relation to complex areas of Public Interest Disclosure, Equal Pay, Discrimination and Unfair Dismissal.  She works closely with employers across the public, private and third sectors and regularly advises on restructuring issues including individual and collective redundancies and the application and implication of TUPE. Louise has a detailed understanding of her clients’ needs and is known for her constructive and pragmatic advice on internal employment issues and providing advice and representation in defence of all categories of employment claims before the tribunals and civil courts.

In a reserved judgment issued in January this year, an Employment Tribunal in Liverpool awarded £110,165.14 compensation against the Department for Work and Pensions when former employee Mrs Carrabyne (Carrabyne v Secretary of State for Work and Pensions Case 2401990/2016) was found to have been unfairly dismissed and subject to unlawful disability discrimination following her dismissal under the absence management policy.

 The tipping point for the decision to dismiss was 4 days’ absence in January 2016 due to gastric flu. However, the Claimant was already on a final written warning following significant absences of 64.5 days and 59 days which related to her recognised disabilities of depression and hip problems.

Whilst a number of reasonable adjustments had been made, including

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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. This article is correct at 09/04/2018