In this week’s case Simon and David discuss the case of Mr D Duployen v Whyte & Mackay Ltd.
This week’s case reiterates the importance of properly exploring reasonable adjustments and working with an employee collaboratively to reduce the impact of their absences.
They also consider how a blanket approach to absence management and trigger points will rarely be reasonable.
The Tribunal in this case upheld that the absence trigger points were a PCP which placed the employee at a substantial disadvantage, with the employer having no mechanism to account for disability or disability-related absence.

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