Reasonable adjustments – the extent of employer obligations

In the recent case of Hindmarch v North-East Ambulance NHS Foundation Trust, it was determined that an employer is not obligated to implement reasonable adjustments if there is no genuine likelihood of those adjustments being effective.

Background

Mr Hindmarch (C), a non-emergency ambulance driver for North-East Ambulance NHS Foundation Trust (R), was issued an FFP2 face mask for Covid protection, following national guidance on PPE allocation at that time. Emergency ambulance drivers received FFP3 masks, which provide higher protection levels, as their roles included delivering first aid and resuscitation; these duties were not part of C’s role.

C, who was disabled and had asthma, depression, and anxiety, initially shielded at home as his anxiety about Covid increased. After shielding ended, C refused to return to work unless provided with an FFP3 mask instead of the FFP2 mask, but still did not confirm he would return, regardless of the mask type.

R denied C’s request for a higher grade FFP3 mask, stating it wouldn’t fully protect C against Covid or alleviate C’s anxiety, and noting that C was unwilling to commit to returning to work even with the mask.

C was dismissed after his health declined, meaning he could not return to work.

C submitted claims to the Employment Tribunal (ET) alleging unfair dismissal and asserting that R did not make reasonable adjustments by failing to provide an FFP3 mask.

ET Decision

The Employment Tribunal dismissed C’s claims, stating that C would not have been able to return to work due to his acute anxiety, even if R had provided an FFP3 face mask.

C appealed to the Employment Appeal Tribunal (EAT).

EAT Decision

The EAT upheld C’s dismissal as fair, noting that employers are not obligated to implement adjustments if these would not address the disadvantage in question.

In this case, supplying C with an FFP3 mask was considered ineffective, as it would not address C’s concerns about contracting Covid.

Comment

While this case concerns Covid, its principles have wider relevance. Employers are obligated to provide reasonable adjustments for employees with disabilities when they are aware that a disability causes workplace disadvantages. However, employers are not required to implement adjustments that do not help remove or reduce disadvantages.

Evaluating the effectiveness of such adjustments can be complex and is always subject to individual circumstances. For further guidance on employer responsibilities to make reasonable adjustments, please contact a member of the Employment team.