Reasonable Adjustments: Can Managers Be Personally Liable For Getting It Wrong?

Employers have had a statutory duty to make reasonable adjustments for more than 30 years. However, the recent decision from the Employment Appeal Tribunal (EAT) in Merriman v 1st Staff Ltd and others has determined that individual employees, such as managers and HR staff, may also face personal liability where their acts or omissions contribute to a failure to make reasonable adjustments or other discriminatory treatment.

This article recaps the duty to make reasonable adjustments and provides practical tips for employers following the Merriman judgment.

The duty to make reasonable adjustments

If an employee has a disability within the Equality Act 2010 definition, an employer has a duty to make reasonable adjustments where a workplace policy, practice or features places them at a substantial disadvantage compared to their colleagues.