Reasonable adjustments: Individual employees may be personally liable
Authors: Stephen Miller, Sophie Jackson and Charlotte Stern
The Employment Appeal Tribunal has found that individuals can be personally liable in addition to the employer in relation to a failure to make reasonable adjustments for a disabled employee.
In Merriman v 1st Staff Ltd and others, Ms Merriman, an agency tutor who provided home tutoring to a learner with special needs, developed disabilities and asked to teach online because she found it difficult to attend the pupil’s home. Unfortunately, to cope with remote tutoring, the learner would have required a care worker to be with them, and so Ms Merriman’s tutoring work ended. She brought claims for failure to make reasonable adjustments against the agency and four of its employees. The Employment Tribunal allowed the claim against the agency to continue but struck out the claims against the individuals, on the basis that only an employer owes the duty to make reasonable adjustments.
The EAT overturned that decision and restored the claims against the individual employees. Although the legal duty to make reasonable adjustments rests with the employer, a company acts through its employees and agents. An employee who is personally involved in an act that breaches that duty may therefore also be personally liable. This does not mean that the individuals will necessarily be found liable: the case will return to the Employment Tribunal so that the allegations against each of them can be set out and considered properly.
Key Action Points for Human Resources and In-house Counsel
Managers and HR professionals involved in decisions about workplace adjustments may be named personally in discrimination claims. Employers should ensure that requests for adjustments are considered promptly, responsibilities and decisions are clearly recorded, and those involved receive appropriate training and support.
