Employment law: Update on reasonable adjustments

Individual employees may be personally liable for failing to make reasonable adjustments.

In Merriman v 1st Staff Ltd and others the Employment Appeal Tribunal (EAT) held that individual employees and agents can, in certain circumstances, be held personally liable for a failure to make reasonable adjustments under the Equality Act 2010.

Under the Equality Act 2010, employers have a duty to make reasonable adjustments in certain circumstances. Where this duty arises, the employer must effectively treat the disabled person more favourably than others in an attempt to reduce or remove that individual’s disadvantage. Reasonable adjustments may include changes to working arrangements, working hours, duties, equipment or the way services are delivered. A failure to make reasonable adjustments is a standalone form of disability discrimination and an employer can be liable where reasonable steps could have been taken to remove or reduce the disadvantage experienced by the disabled individual.

In this case, the Claimant brought claims against both her employer and four individual members of staff after her request to move to online working due to a disability was not accommodated. The Employment Tribunal struck out the claims against the individuals. The Claimant appealed, and the EAT overturned that decision.

The EAT held that sections 109 and 110 of the Equality Act 2010 apply to reasonable adjustments claims. Whilst the duty to make reasonable adjustments rests with the employer, employers can only act through their employees and agents. As a result, where an individual’s conduct in the course of employment contributes to a failure to comply with that duty, they may face personal liability alongside the employer.

Key takeaway for employers

This decision serves as a reminder that managers and employees involved in decisions affecting disabled workers may be personally named in Employment Tribunal proceedings.

Employers should ensure that managers receive appropriate equality and disability discrimination training and that requests for reasonable adjustments are considered carefully, documented properly and addressed promptly.

The case also reinforces the importance of having clear procedures in place for assessing and implementing reasonable adjustments.

If you would like to discuss how these changes may affect your organisation, or if you require assistance updating your policies, procedures or training programmes, please get in touch with our employment law specialists Damian Kelly and Amita Chauhan.