Sickness absence and disability

Do you have a mechanism for monitoring which staff absences are related to a disability? Does your sickness absence policy consider reasonable adjustments for disabled people? Are you aware of the practical implications of the 'HMRC Commissioners v Whitely' case?

A recent legal case, HMRC Commissioners v Whiteley, highlights that colleges and universities must consider reasonable adjustments to their sickness management policies for their disabled staff. 

Whitely had worked for the HMRC since 1978. Between 2005 and 2010 she had 54 days sickness absence, of which 13 were due to respiratory infections linked to her asthma. The case went back and forth between the employment tribunal and employment appeals tribunal, and you can read the details by clicking here.

The key point? The general observations made by the EAT about cases of this type. Allowances should be made where sickness absences are caused by a common ailment which exacerbates an existing medical condition. As an employer, you should look in detail at periods of absence to see which might be disability related, and seek medical evidence to try and determine how often a disabled person is likely to be absent in a given year. 

The practical implications? HR staff would be wise to consider the facts of this case and establish systems to identify disability-related absences. Consider obtaining medical advice about an employee’s disability and any impact it might have on their sickness absence record. You can then decide what a reasonable adjustment might be.