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
  • 11 June 2026
  • Immigration

MAC report reveals who stays in the UK on the Skilled Worker Route – Key insights for employers

Key insights from the MAC report: Who stays in the UK on the Skilled Worker route? Essential findings and takeaways for employers.

art
  • 08 June 2026
  • Privacy and Data Protection

FAQs – Privacy Documentation

Clearly documenting and regularly reviewing data protection policies and procedures is paramount to demonstrating compliance with the UK GDPR. It is essential that such policies are communicated within an entity and staff are regularly trained on these.

art
  • 03 June 2026
  • Employment

Holiday Pay Record Keeping – What this new duty means for employers

The Employment Rights Act 2025 made certain changes to the rules around holiday records, which came into effect on 6th April 2026.

art
  • 03 June 2026
  • Corporate and M&A

Is your Company’s Register of Members accurate? The hidden risks of getting it wrong

Ensure your company’s Register of Members is accurate and compliant. Learn the legal risks, common mistakes, and how to protect your business from penalties.

art
  • 02 June 2026
  • Corporate and M&A

Clarkslegal welcomes leading Corporate Law expert Mark Ridley as Partner

Clarkslegal is delighted to announce the appointment of Mark Ridley as a new Partner in the Corporate and Commercial team.

art
  • 28 May 2026

Newly rebranded legal services group Orwins makes investment in Clarkslegal

Orwins, the law firm for ambitious businesses and high net worth individuals, has today, 27 May 2026, announced a significant investment in Reading-based commercial law firm Clarkslegal.