Originally published in People Management on 10 October
2011.
Salford NHS Primary Care Trust v Smith UKEAT/0507/10
Smith was an occupational therapist on long-term sick leave with
chronic fatigue syndrome. Her job ceased to exist whilst she was
off sick. The employer identified and offered a number of
alternative roles, all of which Smith rejected. The employer
offered administrative work but Smith rejected this because she had
no IT skills. The employer offered IT training but Smith didn't
respond to this offer. Smith never disagreed with any of the
employer's letters to her, in which they set out their
proposals. She failed to attend two meetings and the employer then
wrote to her scheduling a third meeting, saying (not for the first
time) that if she failed to attend, other options would have to be
considered, including termination. Smith resigned, claiming
constructive unfair dismissal and a failure to make reasonable
adjustments contrary to the Disability
