HR Update: Managers can be personally liable for Reasonable Adjustment Failures

We think employers could add some considerable weight to management training if they emphasised that failing to make reasonable adjustments in disability cases is not just a Company matter. Managers can be held personally liable too if it is judged their failures amount to disability discrimination.

And, a recent Employment Appeal Tribunal (EAT) decision has backed this up - responsibility for reasonable adjustments does not necessarily stop with the employer.

The case: Merriman v 1st Staff Ltd and Ors, Employment Appeal Tribunal, 2026

M was engaged by an agency, 1st Staff Ltd, to work as a tutor for a person with special needs. M then developed disabilities that made attending the tutee’s premises difficult. M asked for adjustments, including a switch from face-to-face to online teaching. When those adjustments were not made, M brought a claim for failure to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010, naming both the agency and four individual employees as Respondents.

The Employment Tribunal allowed the claim to proceed against 1st Staff Ltd, but struck out the claims against the four individuals. Its reasoning: the duty to make reasonable adjustments rests with the employer, so individual employees could not be liable. M appealed.

Why the EAT disagreed

The EAT overturned the strike-out, following its earlier decision in Baldwin v Cleves School and Ors (2024). The duty to make reasonable adjustments is indeed imposed on the employer, but a Company can only ever act through its people. Where a Manager’s act results in a breach of that duty, section 109 of the Equality Act deems the employer liable for it (subject to a “reasonable steps” defence), and section 110 can make the individual personally liable at the same time.

Two points stood out in the EAT’s reasoning. First, once the conditions in section 110 are met, a Tribunal has no discretion to let an individual off the hook – it is not a judgement call. Second, it makes no difference whether the employer succeeds or fails with its own “reasonable steps” defence; an officer of the employer can still be personally liable even where potentially the employer escapes liability.

The EHRC’s Statutory Code of Practice on Employment backs this up directly – paragraph 10.55 states that employees (usually Managers) may be personally liable for breaches, even where the employer successfully relies on the “reasonable steps" defence. On that basis, there was no principled reason to let the claim proceed against the agency, but not the individuals, and the EAT rejoined all four to the case and was sent back to Tribunal for further case management, including proper particularisation of the allegations against each of the individual respondents named.

Why this matters for SMEs

This decision does not shift the reasonable adjustments duty from the organisation onto individual Managers – the employer remains responsible for complying with the Equality Act. But it does mean Managers can no longer treat a reasonable adjustment request as purely “an HR issue” that is not their personal problem. A Manager who ignores a request, refuses an adjustment without proper consideration, or otherwise causes the employer to breach its duty, could be named personally as a Respondent in a Tribunal claim.

For SMEs in particular, where HR decisions are often made directly by owners and Line Managers rather than a dedicated HR team, this makes Manager awareness, training and good record-keeping especially important.

The duty - in brief

Employers must consider reasonable adjustments where they know, or could reasonably be expected to know, that someone is disabled and placed at a substantial disadvantage. Adjustments can cover working hours, duties, working arrangements, workplace practices, equipment, location or a phased return to work – what is reasonable will depend on factors like effectiveness, practicality, cost and the resources available to the business.

What to do now

Merriman is a good prompt to check Managers understand their personal role in this process, not just the organisation’s obligations on paper.

• Make sure Managers know that reasonable adjustment requests are to be taken seriously and not simply dismissed out of hand – they can carry personal legal risk if they fail to consider what adjustments might be feasible.

• Listen to, and properly investigate, every adjustment request rather than dismissing it without understanding the employee’s circumstances.

• Discuss possible solutions with the employee, considering alternatives as well as what they have suggested, and get medical or occupational health evidence where it is genuinely needed.

• Record the discussion and the decision – including the reasoning where an adjustment is accepted, rejected or only partly implemented.

• Review adjustments periodically, particularly where the employee’s condition, role or working circumstances change.

• Set a clear rule that Managers seek professional advice before refusing a significant adjustment request, or before any disciplinary, capability or dismissal action involving a disabled employee.

• Provide Line Managers with basic Equality Act and reasonable adjustments training so they know what is expected of them – and when to escalate.

Reasonable adjustments are not something a Manager can simply acknowledge and pass upstairs. Anyone involved in handling a request needs to understand their own role in it, and make sure requests are actively considered, documented and followed through – not just for the organisation’s protection, but for their own.

The guidance provided in this article is just that - guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice.