This is yet another case where the Humphries v Westwood Fitness Club is central to considerations.  The complainant was employed with the respondent since 1997, originally as a driver and later as a sales assistant.  The complainant had to go on sick leave in September 2008 suffering from varicose veins and had three operations after which his surgeon was reluctant to operate again.  On 20 April 2009 his GP stated that the complainant’s condition “would be exacerbated by prolonged periods of standing” and that he was unfit to return to work.

The employer sent the complainant to their occupational health specialist who also found that he was not fit to stand and that this would continue for a prolonged