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.
