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

Pub
  • 07 September 2026
  • Corporate and M&A

Frequently Asked Questions About Shareholders’ Agreements – Episode 1

Join Emma Docking and Jonathan Hayes as they explore some of the most frequently asked questions about shareholders’ agreements, including what they are, how they work alongside articles of association, and the risks of operating without one.

art
  • 03 September 2026
  • Employment

Employment Rights Act – October Changes

We are well and truly underway with implementation of the Employment Rights Act 2025 (“ERA 2025”) and October brings the next tranche of changes that employers will need to be ready for.

art
  • 02 September 2026
  • Immigration

Mandatory MFA for Sponsor Management System Users: What Sponsors Need to Know

The Home Office is introducing a significant security change to the Sponsor Management System (SMS). From 3 September 2026, the Home Office will begin a phased rollout of mandatory Multi-Factor Authentication (MFA) for SMS users.

art
  • 01 September 2026

Orwins continues growth with investment in Milners and Acquisition of Roe Lawyers

Clarkslegal is pleased to share the news that Orwins, the legal services group we joined earlier this year, has announced a significant investment in Yorkshire law firm Milners and the acquisition of London-based specialist practice Roe Lawyers.

Pub
  • 28 August 2026
  • Immigration

Right to Work and Sponsor Licence Changes 2026: Key dates for businesses

In this podcast, immigration solicitors Ruth Karimatsenga and Monica Mastropasqua discuss the key immigration compliance changes coming into force in September and October 2026 and what employers, HR teams, sponsors and individuals should do to prepare.

art
  • 28 August 2026
  • Commercial Real Estate

Modernising security of tenure: The Law Commission’s follow up consultation paper

On 16th June 2026, the Commission published its second consultation paper: Business Tenancies: the right to renew – modernising security of tenure.