There was some confusion a few years ago about whether absence
management policies containing specific sickness absence triggers
potentially put employees with disabilities at a disadvantage. The
Court of Appeal found that they did in Griffiths v Secretary of
State for Work and Pensions, meaning that the duty to make
reasonable adjustments applies. Northumberland Tyne & Wear
NHS Foundation Trust v Ward is a case in which the
employer's failure to adjust its absence trigger point –
despite having done so previously – breached the duty.
Ms Ward suffered from ME/chronic fatigue syndrome. It was common
ground that she was disabled under the Equality Act and that her
disability meant that she would have a higher than average sickness
absence rate. Initially the employer applied an extended sickness
absence trigger to her. Over a four year period her absences were
within those extended limits. However, at that point the extended
trigger was withdrawn, and the usual trigger
