Where an employer has offered a fixed period of reduced hours as a reasonable adjustment for a disabled employee on their return from long-term sickness absence, the employer is not always required up front to give an explicit guarantee to extend the period where necessary.

At the end of the agreed period, the employer will be under a duty to make further reasonable adjustments if the employee continues to suffer a substantial disadvantage; this could of course entail extending the period. But the employer's failure to expressly commit at the start to an extension if required did not justify the employee refusing the phased return to work offered. (Secretary of State for Work and Pensions v Higgins, EAT)

Key contacts

Samantha Brown photo

Samantha Brown

Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London

Steve Bell photo

Steve Bell

Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne

Emma Rohsler photo

Emma Rohsler

Partner, Head of Employment, Pensions and Incentives, EMEA, Paris

Fatim Jumabhoy photo

Fatim Jumabhoy

Partner, Head of Employment & Workplace Investigations, Asia, Singapore