New Guidance On Handling Disability-Related Absence

The Court of Appeal in Griffiths -v- Secretary of State for Work and Pensions (SOSWP) has grappled with the tricky issue of an employer's duties when trying to manage disability-related absence.

The facts of the case are straightforward. Ms Griffiths had been employed by SOSWP for over twenty years when she began to experience the symptoms of post viral fatigue and fibromyalgia. SOSWP admitted that she had a disability for the purpose of the disability discrimination legislation. Upon her return from a 66 day absence from work, 62 of which were related to her disability, she was given a formal written improvement warning under an Attendance Management Policy. The Policy envisaged that formal action might be taken against an employee after they had accrued 8 working days of sickness absence in any 12 months, and Ms Griffiths' absence was almost eight times longer than this. Ms Griffiths was informed that further absence might lead to more serious sanctions. After