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Disability discrimination: Refusal of phased return to work not discriminatory

This report relates to 1 case(s)

  • expand disabled

    Collins v Home Office [2005] All ER (D) 300 (May) CA (0 other reports)

Key points

In Home Office v Collins [2005] EWCA (Civ) 598, the Court of Appeal holds:

  • An employer did not fail to make reasonable adjustments when it dismissed a disabled employee, who had been absent from work because of sickness for prolonged periods during her probationary period, without pursuing the possibility of the employee returning to work on a "phased basis", starting with working part time.
  • The probationary period had been extended twice to accommodate the employee's illness, but the employee remained medically certificated as unfit to work, and she had been unable to give her employer a date when she would be fit to return.