Employee-favourable
2025
If your employer receives an occupational health report recommending adjustments and does not act on it, that failure can support both a reasonable adjustments claim and, if you resign because of it, a constructive dismissal claim.
Employee-favourable
2026
If your employer is considering dismissing you for health-related absence, they are expected to check your current medical position first rather than relying on old reports, especially where something like surgery or treatment could soon change the picture.
Employee-favourable
2011
An adjustment does not need a guaranteed, or even a strong, chance of removing your disadvantage to count as reasonable under the law. A lesser prospect can be enough.
Employer-favourable
2014
Your employer's duty to make reasonable adjustments only bites once they know, or reasonably should know, that you are disabled. Vague or shifting descriptions of your symptoms can mean a tribunal finds they never had enough to go on.
Employee-favourable
2023
A single, clear conversation naming your condition, its effect on you, and how long it has lasted can be enough to prove your employer knew you were disabled. You don't need a diagnosis in hand first.
If work is making you unwell, you are not just expected to cope. Here are both legal routes for pushing back, and what actually decides each one.
Employee-favourable
2025
If your employer has conflicting medical evidence about your fitness for work, it has to resolve that conflict with occupational health before deciding your future, not just act on whichever version suits it.
Employer-favourable
2010
Nothing obliges your employer to assess risk until you've put your pregnancy in writing. Even then, the obligation only bites if your job could genuinely endanger you or your baby.
What an occupational health report is actually for, whose side it is on, and where it can go wrong before it shapes a decision about your job.
Mixed
2026
Occupational health referrals or return-to-work documents that link your performance or sickness absence to your disability, even without naming it, can amount to unlawful disability discrimination.
Being called to a sickness absence meeting is unsettling, especially if you are still unwell. No decision has been made yet. Here is what your employer has to do before deciding anything, and what to ask for at the meeting itself.
Employee-favourable
2004
Once your employer knows you've struggled with stress, its responsibility to check on you continues after you return to work.
