The case highlighted that there is no duty to make an adjustment if it would not remove the disadvantage to a disabled employee.

Facts:

Mr Hindmarch, a non-emergency ambulance driver, suffered from severe anxiety – a condition accepted as a disability. During the COVID-19 pandemic, emergency staff were issued FFP3 masks, while non-emergency staff, including Mr Hindmarch, received FFP2 masks. His anxiety about catching COVID prevented him from attending work, and he was eventually dismissed.

Mr Hindmarch brought claims of unfair dismissal and failure to make reasonable adjustments, arguing that the Trust should have provided him with an FFP3 mask to facilitate his return.

Outcome:

The Employment Appeal Tribunal (EAT) dismissed his claim. It held that while the Trust had a duty to make reasonable adjustments, that duty only applied where the adjustment would remove or alleviate the disadvantage. On the evidence, there was no realistic prospect that supplying an FFP3 mask would have enabled Mr Hindmarch to return to work. Therefore, it was not reasonable to expect the Trust to make the adjustment.

Key point:

An employer is not required to make adjustments that would not, in practice, remove or reduce the disadvantage faced by a disabled employee.

If you would like more information about reasonable adjustments, please contact Arvin Sandhu by email or on 01494 521301.