Scottish and Southern Energy plc v Mackay UKEATS/0075/06/MT | Practical Law
In Scottish and Southern Energy plc v Mackay the EAT held that a failure to discuss options for alternative work with a disabled employee on long-term sickness absence was not of itself a failure to make reasonable adjustments. In this respect, preferred the decision in Tarbuck v Sainsbury's Supermarkets over that in Mid Staffordshire NHS Trust v Cambridge. However, it upheld the tribunal's decision that the lack of consultation rendered the dismissal of the employee unfair.