Did an employer make reasonable adjustments when they dismissed an employee instead of offering an alternative role on trial?
The Answer
No - as ruled the Employment Appeal Tribunal in the case of Miller and Rentokil. The claimant worked as a field-based pest controller. After developing Multiple Sclerosis, he was unable to carry out his duties and could not work at heights (which constituted 40% of the role). The employer looked at other alternatives but could not offer anything. The employee applied for an administration role, but after an interview, he was unsuccessful and was dismissed. The employee argued that their failure to offer him the administration role on trial amounted to failure to make reasonable adjustments, making it discriminatory. The Employment Tribunal upheld the claim.
On appeal, the Employment Appeal Tribunal agreed with the decision. They asserted that the claimant was put at a substantial disadvantage because of his disability. Offering an alternative would have redressed that imbalance. The employee had identified and applied for a role. It was then up to the employer to show why it was not suitable, appropriate or viable. The employer had not discharged this burden.
The Risk/Threat
Employers are advised to consider all alternatives and possibilities of alternative work, whether full time, part time or on trial basis, and to ensure such investigations are recorded. Where alternatives cannot be offered even on trial basis, employers must be able to show why alternatives were not offered. Failure to do so may lead to disability claims which attract unlimited damages.
What You Need ToDo
If you require any further advice and assistance, please do not hesitate to contact our HR Advice Line on 01455 852 028.
