In this case the Employment Appeal Tribunal looked at whether an employer breached their duty to make reasonable adjustments by only offering a disabled employee reduced hours for a fixed period of time. Mr. Higgins was a long serving employee at Jobcentre Plus. He developed a heart condition and was off sick for a lengthy period. He was at all material times disabled within the meaning of the Disability Discrimination Act 1995 and later, the Equality Act 2010.

The employer looked to put in place a Part-Time Attendance on Medical Grounds (PTMG) Plan, which included a return to work on part time hours over a 13 week period before going full time again. Mr. Higgins refused to return to work unless this period was extended to 26 weeks. The employer refused his request and dismissed Mr. Higgins. Mr. Higgins claimed Unfair Dismissal and the Employment Tribunal held that the employer had failed to make reasonable adjustments by failing to consider an extension to the thirteen week period.

The employer appealed. The Employment Appeal Tribunal allowed the appeal on the grounds that the Tribunal had incorrectly identified the provision placing Mr. Higgins at a substantial disadvantage. The Tribunal had said that it was the requirement for Mr. Higgins to work which placed him at a disadvantage; however, the Employment Appeal Tribunal ruled that it was actually the requirement for Mr. Higgins to work his contractual hours which placed him at a disadvantage instead of just a general requirement to work. The Tribunal also failed to apply the “range of reasonable responses” test when looking at the fairness of the actual dismissal.

The Employment Appeal Tribunal took the view that, if an employer grants reduced hours which the employee says he is capable of working, it will not generally be necessary for the employer to give a guarantee of future review. If at the end of the period, the employee continues to be at a substantial disadvantage, the duty to make an adjustment will still be applicable and can be judged on the circumstances at that time. In this case, the employer was only requesting that Mr. Higgins worked the hours he said he could work and that could not be a failure to make reasonable adjustments. http://bit.ly/17qx1fL