Labour Research (February 2021)

Law Queries

Adjustments after accident

Q. I’ve been off work since an injury in a car accident three months ago. I plan to return to work next month. My employer wants me to return full time immediately. Am I entitled to a phased return as a reasonable adjustment?

An employer’s duty to make adjustments under section 20 of the Equality Act 2010 only applies to disabled workers who meet the definition of disability under section 6 of that Act. To do this, you must be able to demonstrate that you have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

To be classed as “long-term”, the adverse effect must last, or be likely to last, at least 12 months. It sounds as if you expect to make a full recovery in the next month or so. This means the effects of your injury will have lasted for less than the year and, consequently, you would not meet this definition.

You could instead ask your GP/health professional treating you to provide you with a “fit note”. S/he can do this if you are not yet fit to return to your full duties but would be fit to return if your employer puts things in place to help you return. This could be a phased return, altered hours, amended duties or workplace adaptations.


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