Individuals may be personally liable for reasonable adjustments failures

16 October 2026

In Merriman v 1st Staff Ltd & Ors the Employment Appeal Tribunal (EAT) was asked to consider whether individual employees could be liable for reasonable adjustments failures. 

The employment tribunal struck out claims against individual respondents in the case stating that the obligation to make reasonable adjustments rests with the employer. The EAT disagreed and has sent the case back to be reheard, adding back in the individual respondents. If the case succeeds against individual respondents this would represent a significant widening of the doctrine. We shall see.

The EAT held that although the duty to make reasonable adjustments is imposed on an employer a company can only act through its agents or employees. Where an act is carried out by an employee which amounts to a breach of the duty section 109 and potentially 110 of the Equality Act 2010 are engaged. Section 109 makes the employer vicariously liable for the acts of an employee but section 110 may mean that the employee is also equally liable. 

The first respondent to the claim was the employer. The second, third, fourth and fifth respondents were all individuals. The Employment Tribunal struck them out. The EAT added them back. 

You can read the full judgment of the EAT here. 

We watch this case with interest.

Karen Jackson

Written by Karen Jackson

Chief Executive (CEO), Owner-Director

Karen Jackson is Founder-Director of didlaw and one of the UK's leading employment and discrimination lawyers, recognised by Chambers and Partners for her expertise in disability discrimination. A former City trader and in-house legal counsel, she combines litigation, mediation and strategic advice to secure outstanding outcomes, while championing equality through landmark cases, training and legal commentary.

Read more about Karen

what our clients say

Write A Review

we are never far away, providing nationwide coverage.

As a nationwide employment law firm, we act for employees across the UK in employment discrimination cases. Contact us today to book your telephone assessment.

Book Your FREE Consultation

Contact Us