A judgment handed down by the UK Employment Appeal Tribunal (EAT) on 4 August 2026 indicates that individual employees may be liable for failures to make reasonable adjustments for disabled employees.
Sections 20 and 21 of the Equality Act 2010 require employers to make reasonable adjustments where they know, or could reasonably be expected to know, that an employee has a disability. Reasonable adjustments are changes to working arrangements or the workplace designed to remove or reduce a substantial disadvantage experienced by a disabled employee. These may include changes to policies or procedures, physical alterations to the premises, or the provision of equipment or support.
This GT Alert summarises the facts and outcome of Merriman v 1st Staff Ltd and Others, and the potential impact for businesses with a UK workforce.
Facts
Ms Merriman was engaged through an agency to work as a tutor for a person with special needs. She later developed disabilities that made it difficult for her to attend the premises. She sought adjustments, including providing tutoring online rather than through face-to-face learning.
There were various Respondents listed. The Employment Tribunal permitted Ms Merriman’s claim for a failure to make reasonable adjustments under sections 20 and 21 of the Equality Act to proceed against the first Respondent (1st Staff Limited). However, similar claims against the remaining Respondents, all individuals working for 1st Staff Limited, as having no reasonable prospects of success. Ms Merriman appealed against this finding.
The Employment Appeal Tribunal Decision
The EAT held that although the duty to make reasonable adjustments is imposed on an employer or principal, a company can act only through its agents or employees.
The EAT stated that an employee may also be liable where the employee commits an act of discrimination for which the employer is vicariously liable.
The judgment gives the example of a line manager who fails to make reasonable adjustments for a machine operator with multiple sclerosis, despite having been informed of the employee’s needs. If the line manager failed to attend training provided by her employer and was therefore unaware that her conduct was unlawful, she could be personally liable. The employer may be able to rely on the statutory defence if it can demonstrate that it took all reasonable steps to prevent the line manager from committing the discriminatory act.
The EAT did not rule on the merits of the case, it only commented on the potential liability of the Respondents. The matter was sent back to the Employment Tribunal and a decision is awaited.
Practical Considerations for Employers
Following this decision, it will be important to ensure that:
- Managers receive training on disability discrimination and when the duty to make reasonable adjustments applies, equipping them with the knowledge and confidence to deal with such matters appropriately;
- Managers are aware of their potential personal liability;
- Managers are aware that the duty may arise where an employer reasonably ought to have known of an employee’s disability, and that the onus is not on the employee to disclose it;
- Requests for workplace adjustments are escalated promptly and appropriately; and
- Decisions relating to reasonable adjustments are properly considered and documented.
Conclusion
This decision serves as a reminder that liability for failure to make reasonable adjustments may extend beyond the employer to individual employees. Employers should ensure that managers are appropriately trained to identify and respond to requests for reasonable adjustments.
*Special thanks to Trainee Solicitor Mia Selby˘ for contributing to this GT Alert.
˘Not admitted to the practice of law.