Case law: Employers should consider reasonable adjustments for disabled employees when changing their work environment

Employers should ensure they identify reasonable adjustments required for disabled employees, and act on them, when changing their working environment - or risk legal claims.

A disabled employee had mobility problems. Her employer identified a number of reasonable adjustments that should be made for her, including a new desk and adjustable chair, but nothing was done about these until office changes were made around six months later.

There was no consultation with her before the changes - her employer merely notified her of them by email - and the changes did not incorporate all of the recommended adjustments. Particularly, her desk was in the wrong place.

She resigned and claimed constructive dismissal and disability related harassment, as she was so disappointed and distressed.

There is a constructive dismissal when an employer has done something that is so fundamentally inconsistent with the employer/employee relationship (this is a 'repudiatory breach'), that the employee is entitled to treat themselves as dismissed.

The Employment Appeal Tribunal upheld her claims. It found that the office was a worse environment for her after the changes as there were hazards and other obstacles that had not been there before, and it was not a fit and proper workplace for her. This, together with other conduct on the employer's part, had breached the implied duty of trust and confidence between employer and employee.

The case was remitted to the Employment Tribunal for reconsideration.

Operative date

  • Now

Recommendation

  • Employers should ensure they identify reasonable adjustments required for disabled employees, and act on them, particularly when changing workplace arrangements - or risk legal claims against them

Case ref: Conry v Worcestershire Hospital Acute NHS Trust UKEAT/0093/17/LA

© Atom Content Marketing 2018

  • Rebecca was very helpful and explained everything to me. Fantastic service - I would highly recommend.