£27K Tribunal award for failing to make reasonable adjustments
A recent employment tribunal ruling has highlighted the
importance of making reasonable adjustments for employees with disabilities. In
the latest case, a worker was awarded £27,000 after their employer failed to
meet their obligations, underscoring a critical compliance risk for businesses.
The remedy hearing held in Mrs
R Davies v Gloucestershire Health & Care NHS Trust in April 2024 has
just been published, following an original
hearing held between 2020 and 2021.
What went wrong?
Following a brain
haemorrhage, the employee in question had long-term health issues that
impacted their ability to work. Memory and concentration were affected, as well
as developing a sensitivity to noise and light.
The employee had raised concerns about the impact of the
office environment on her health and performance a number of times. The
employer had made adjustments, although started to say nothing more could be
done. The employer refused to move the workstation to a quieter part of the office
or allow the use of ear defenders, on the basis they would need to hear the
telephone ring.
The employee went absent with stress and occupational health
advice was sought. The advice suggested the employee was unlikely to function well
without adjustments.
The employer did not make any changes. The employee then started
to stay late at work, so they could work when the office was quiet, eventually
resigning from the role.
Although claims of unfair dismissal and disability
discrimination were dismissed, the Tribunal awarded £27,208.74 for injury to
feelings for the Trust’s breach of the duty to provide reasonable adjustments
and loss of earnings.
For HR professionals, this case is a reminder of the legal
duty under the Equality
Act 2010 to make reasonable adjustments for employees with disabilities.
Failing to do so can lead to financial, reputational and operational costs.
Key takeaways for HR
- Know your obligations: Employers have a legal duty to make reasonable adjustments for employees who have a disability. This includes physical adjustments (such as modified equipment) and more flexible working arrangements (e.g., different hours or locations).
- Proactive engagement: Ensure open lines of communication between HR, line managers and employees about any health issues that may require adjustments. Early intervention can prevent problems from escalating.
- Conduct workplace assessments: Regularly review working conditions, ensuring they’re accessible and reasonable for all employees, especially those who have disclosed health issues. In this case, the employer’s failure to act on the employee’s needs was the major factor in the tribunal’s decision.
- Training for managers: Ensure managers understand their role in the process and can recognise when an employee might need adjustments. HR could consider providing support and guidance to managers on how to handle sensitive discussions.
- Documentation is key: Keep detailed records of conversations, assessments and steps taken to support employees. This will protect both the employer and the employee in case of any future disputes.
The cost of inaction
For HR, this ruling serves as another cautionary tale.
Failing to make reasonable adjustments not only damages employee wellbeing, but
can lead to costly legal battles and compensation claims. In this case, the
£27K award could very likely have been avoided with timely, simple adjustments
and a more collaborative approach.
How can HR stay ahead?
- Regularly review policies and processes around disability and workplace adjustments.
- Stay informed about changes to employment law and case precedents.
- Foster an inclusive culture that prioritizes employee health and wellbeing.
HR should always act swiftly and thoughtfully to accommodate
employees with disabilities. Doing so not only ensures compliance with the law,
but helps to build a stronger, more resilient workforce.
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