NCH Scotland v McHugh UKEATS/0010/06/MT | Practical Law
In NCH Scotland v McHugh the EAT held that consideration of reasonable adjustments for an employee who had been on long term sick leave was not triggered until there was some sign that the employee would be returning to work. In this case the duty to make reasonable adjustments had not been triggered by the time the employee resigned. Whilst sounding a cautionary note the EAT followed the previous EAT decision in Tarbuck v Sainsbury Supermarkets Limited that an employer's duty is to make (as opposed to consider) reasonable adjustments.