Court confirmation over reasonable adjustment

The Court of Appeal has confirmed that an employer’s statutory duty under the Equality Act 2010 to make reasonable adjustments is owed only to the disabled person, and not to anybody else, for example, a carer or parent.

The issue was finally resolved in a case involving a Ministry of Defence (MoD) worker based in Germany whose teenage daughter had Down’s syndrome.

The claimant, Dr Christine Hainsworth, had relied on European laws and the United Nations Convention on the Rights of Persons with Disabilities to argue that the MoD was obliged to take reasonable steps to help her accommodate the needs of her daughter, such as giving her a role based in the UK.

Hainsworth was supported by the Equality and Human Rights Commission, who reminded the court that “there are three million employees in England and Wales who provide huge value and a vital service to the country as unpaid carers” and argued that the “duty to make reasonable adjustments should benefit everyone”.

The appeal court rejected Hainsworth’s claim and refused to refer to the case to the Court of Justice of the European Union for a further judgement.

This is a disappointing ruling. However, reps should remember an alternative, although less powerful option — the right to make a request to work flexibly. From 30 June 2014, this right was extended to all employees with 26 weeks’ service (see Labour Research, May 2014, page 25).

www.bailii.org/ew/cases/EWCA/Civ/2014/763.html