Do Employers Have a Duty to Make Reasonable Adjustments for Employees Looking After Disabled People?

Employees who are not disabled themselves but look after disabled people or are associated with disabled people, are not entitled to 'reasonable adjustments' from their employer – it was held in the case of Hainsworth v Ministry of Defence.

The claimant, Ms Hainsworth, brought a case under the Equality Act 2010 after her employer refused to transfer her back to the UK so that her daughter, who suffered from Down's Syndrome, could attend a more suitable school.

Ms Hainsworth believed her employer had failed to make 'reasonable adjustments' for her under the 2010 Act, as the school her daughter was attending in Germany did not adequately meet her special requirements caused by her disability.

Ms Hainsworth's claim failed at the Employment Tribunal and on appeal to the Employment Appeal Tribunal. She then took the matter to the Court of Appeal but was unsuccessful yet again, even with help from the Equality and Human Rights Commission, who had intervened in the case.

Schedule 8 of the Equality Act does not state there is a requirement to make reasonable adjustments for employees looking after a disabled person. However, Ms Hainsworth sought to argue that under Article 5 of the Directive, and while referring to the Coleman v Attridge Law case.

The Court of Appeal rejected the comparison between Ms Hainsworth's case and Coleman, holding that reasonable adjustments must only apply to disabled people themselves and the only protections available to those associated with a disabled person, are the protections against discrimination and harassment.

The decision highlights the fact that the purpose of the legislation on reasonable adjustments is to help disabled people to find and retain employment. Had the Court held that non-disabled people like Ms Hainsworth could be entitled to reasonable adjustments, the increased obligations placed on employers could have caused extreme difficulty both financially and strategically, especially for small businesses.

For people in similar situations to Ms Hainsworth, however, help is available. As of the 30 June 2014, parents with disabled children up to the age of 18 may request flexible working, after they have been employed with 26 weeks service.

Flexible working can include working 'flexi-time' giving employees options such as: hours they work; working from home; job-sharing; and reducing their hours to part-time work. Alternatively, other more individual agreements may be implemented on agreement with your employer.

It is hoped that the flexible working provisions will improve productivity in the work place, from employers showing staff they are considerate and family-friendly, which in turn helps to increase staff retention and morale.

Reasonable Adjustment Lawyers Edinburgh

Whether you are an employee or an employer in need of advice in relation to reasonable adjustments or any other disability discrimination issue in Edinburgh, Scotland, Employment Law Edinburgh's team of specialist Employment solicitors can help. To get in touch, you can either call us on 0131 516 7728 or complete our enquiry form.