Can an individual employee be liable for a failure to make reasonable adjustments?

By Simon Cuthbert, Principal Lawyer

Background

The claimant brought claims under the Equality Act 2010 alleging a failure to make reasonable adjustments in relation to requests to work remotely. At a preliminary hearing, the Employment Tribunal allowed the claim against the agency employer, 1st Staff Ltd, to proceed to final hearing, but struck out the claims against four individual employees who had been involved in discussions about the adjustments she had sought and had been named as additional respondents by the claimant. The tribunal concluded that a reasonable adjustments claim could only be brought against an employer because the legal duty to make reasonable adjustments rested with the employer rather than with individual employees. The claimant appealed.

Outcome

The Employment Appeal Tribunal (‘EAT’) allowed the appeal.

The tribunal had erred in law by ruling that claims relating to a failure to make reasonable adjustments could not be pursued against individual employees. The EAT held that although the statutory duty to make reasonable adjustments falls on the employer or principal under the Equality Act 2010 (‘EqA’), such organisations can only act through their employees and agents. Where an individual employee's actions contribute to a breach of that duty, the Equality Act provisions on vicarious liability and personal liability may apply. This means that employees can, in certain circumstances, be held personally liable for discriminatory acts linked to a failure to make reasonable adjustments as well as the employer.

The EAT reversed the strike-out decision and ordered that the four individual respondents be rejoined to the proceedings.

Comments / Key takeaways

This decision is a significant reminder that liability for discrimination may extend beyond the employer itself. While the legal duty to make reasonable adjustments in disability discrimination cases sits with the employer, managers and other employees involved in decisions about workplace adjustments may face personal liability where their actions contribute to unlawful discrimination.

Whether in fact it is prudent or necessary to add individual employees as respondents in any discrimination claim will be a tactical decision. Factors to consider include the nature of the allegations and whether the employer might run the ‘statutory defence’ (which is probably unlikely in a reasonable adjustments claim); the role of the individual(s); the financial health of the employer (i.e. whether it would likely be able to pay compensation ordered if the claim succeeded); and whether adding individual employees might be viewed by a Tribunal as an unnecessary complication in light of the other factors. In the large majority of reasonable adjustments cases, it is unlikely to be necessary or advisable to include individual respondents.

Merriman v 1st Staff Ltd and Others [2026] EAT 128.