Reasonable
Adjustments for Carers?
Hainsworth
v Ministry of Defence recently provided some useful guidance on the obligation
to make reasonable adjustments. The case concerned a carer who worked for the
MoD and was based in Germany. Her daughter had Down ’s syndrome and the
appropriate education was not available at Ms Hainsworth’s garrison.
The
MoD rejected her request to transfer to the UK in order to meet her daughter’s
education needs. She brought a claim under the Equality Act stating that the
MoD had failed to make reasonable adjustments by not changing her place of
work.
Ms
Hainsworth’s claim was rejected by the Employment Tribunal and the Employment
Appeal Tribunal. It was held the duty to make reasonable adjustments does not
extend to non-disabled employees who are associated with disabled people.
Employers
are not required to make reasonable adjustments for employees who are carers of
disabled people. On appeal to the Court of Appeal it was held that although
direct discrimination and harassment require protection from ‘associative
discrimination’, the duty to make reasonable adjustments only extends to
disabled employees and not to non-disabled employees associated with a disabled
person.
Employers
should be mindful that employees who have caring duties may request to work
flexibly and such requests should be handled sensitively and appropriately.
There is not however a test of reasonableness associated with flexible working
requests, as there is in respect of adjustments for a disability.
Employers
should keep lines of communication with such employees open and try and
maintain a positive working relationship with them while considering the needs
of the business.
Got any
queries regarding carers, reasonable adjustments and/or flexible working? Give
our Employment Team a call on 01745343500 or send an email to
info@gamlins.co.uk
