Search

How can we help?

Icon

Duty to make reasonable adjustments triggered by employer’s expectation

In Carreras v United First Partnership Research, the EAT held that an expectation made by the employer that a disabled employee would work late was capable of amounting to a ‘provision, criterion or practice’ (PCP) under the Equality Act 2010 which, if placing a disabled employee at a substantial disadvantage, would trigger the duty to make reasonable adjustments.

The employee, in this case, suffered a serious accident resulting in him taking several weeks off of work. He returned to work on reduced hours.  The employee subsequently made requests to work late which eventually led to the employer assuming he would work late.  When the employee objected to working late, he was told if he did not like it he could leave.  The employee resigned and claimed that the employer had failed to make reasonable adjustments for him by imposing a ‘requirement’ that he work late.

Chambers and Partners

The Clarkslegal team are commercial and good to work with. They get what our business needs and tell me what I need to hear.

The Employment Tribunal restricted the Claimant’s claim to the wording he had used in his claim form and, as such, dismissed his claim on the basis that the employer’s expectation or assumption was not a ‘requirement’.  However, the Employment Appeal Tribunal said that this approach was too technical and allowed the appeal.  It went on to say that the PCP should be interpreted widely so as to include any formal or informal policies, rules, practices, arrangements or qualifications including one off decisions and actions.  The expectation to work late was capable of meeting the definition of a PCP and the case was remitted back to the Tribunal for further consideration.

This case is yet another example of the courts favouring a wide interpretation of a PCP.  For employers, the case serves as a reminder to be cautious about informal practices even where these have been instigated by the employee.  For employment lawyers, it is also a reminder of the discretion Tribunals have in determining how a Claimant has pleaded their case!

Employmentbuddy.com 

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 23 July 2026
  • Immigration

New Priority Service for British citizenship applications: Faster decisions now available

The Home Office has introduced a new Priority Service for British citizenship applications, allowing eligible applicants to receive a decision on their naturalisation or registration application in around 30 working days, rather than waiting the standard processing time of up to six months.

Pub
  • 21 July 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q3 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical corporate and commercial issues, along with key developments our team has examined over the past three months. In Q3, they discuss CICs, company registers, and the use of NDAs in business sales and exits.

art
  • 20 July 2026
  • Privacy and Data Protection

Personal Data FAQs

Explore comprehensive answers to frequently asked questions about personal data, GDPR compliance, and your rights.

art
  • 16 July 2026
  • Corporate and M&A

EMIs – The basics

Discover the essentials of Enterprise Management Incentives (EMIs), an HMRC-approved employee share scheme offering tax advantages. Learn how EMIs incentivise staff, eligibility requirements, and how Clarkslegal can help tailor a scheme for you.

Pub
  • 15 July 2026
  • Litigation and dispute resolution

ICC Arbitration Rules 2026 overhaul: The end of Terms of Reference and future trends – Episode 3

In this final episode, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) discuss the impact of the ICC Arbitration Rules 2026 overhaul, focusing on the end of Terms of Reference. Hear expert insights and practical tips for adapting to the new rules.

art
  • 15 July 2026
  • Employment

New guidance on interim relief: More applications, same high threshold

In certain limited unfair dismissal claims (such as those for automatic unfair dismissal relating to a protected disclosure) claimants can apply for interim relief. This is an emergency measure which essentially prevents a dismissal from taking effect until the claim has been heard.