The claimant worked for the respondent as a key account manager. He was diagnosed with testicular cancer and initially took some time off work with the respondent’s full support. The claimant did eventually return to work with a two-week phased return and was allowed to manage his start and finish times. In accordance with company policy, plans were also put in place for an adjustment to his work portfolio.
The claimant contended that his relationship with one commercial director broke down, although the respondent argued that concerns existed about the claimant’s performance and ability to complete tasks. The claimant eventually resigned and cited a history of poor behaviour towards him as the main factor. He claimed constructive dismissal arguing, inter alia, that the respondent failed in its duty to make reasonable adjustments.
The tribunal rejected the claim, noting that the respondent had provided advice and support throughout, had allowed the claimant to control his hours as well as organising a phased return to work.
Practical Lessons
Who decides what constitutes a ‘proper assessment’ when adjustments need to be made for an employee? The tribunal noted that it is impermissible for an employer to outsource this question to an employee and outlined other measures which may assist, including, a commissioned medical or occupational health assessment. However, it went on to note that discussion with the employee can often enable the employer to introduce necessary reasonable adjustments. The tribunal was satisfied that this was one of those cases as the claimant was able to articulate factors relating to fitness to work.
In circumstances where an employee may be less comfortable openly discussing their issues and how best to accommodate them, employers may need a more comprehensive assessment.
http://www.employmenttribunalsni.co.uk/
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