In Miss Alison McRobbie v The Department for Work and Pensions, a work coach has been awarded more than £17,000 after facing unlawful harassment and her employer’s failure to make reasonable adjustments. The latter of these claims was particularly notable, given that she’d informed her employer of her disability during the application process.

Read on as we examine the facts of the case and the reasoning behind the employment tribunal’s judgment. We then examine the duty to make reasonable adjustments and the steps individuals can take if they believe their rights have been breached.

If you believe you’ve been treated unfairly at work, contact Redmans Solicitors now. Our team of specialists is here to help. Following a brief chat, we can provide the answers you’re looking for and discuss your possible next steps.

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The Facts in Miss Alison McRobbie v The Department for Work and Pensions

Failure to Make Reasonable Adjustments Case Background

Miss Alison McRobbie (the “Claimant”) began working as a work coach for The Department for Work and Pensions (the “Respondent”) on 19 June 2021. She was a disabled person under the Equality Act 2010 due to arthritis and crepitus, resulting from a 2017 road traffic accident.

The Claimant’s disability was disclosed early during the application process. To the employment tribunal’s surprise, however, she was not immediately referred for workplace adaptations. Instead, she had to initiate the process herself, requesting essential adjustments, including an ergonomic chair, on 21 July 2021.

Read More: Employee with Anxiety Disorder Wins Disability Discrimination at Work Claim

The situation escalated on 22 October 2022, when a colleague sat in her new chair, stating that it looked like Stephen Hawking’s while imitating him. Following a period during which the Claimant felt unsupported by the Respondent, she then faced allegations of accessing sensitive information without a legitimate business reason.

The Respondent cited this as the cause of a “serious breakdown in the relationship,” resulting in the Claimant’s dismissal on 30 November 2023 for gross misconduct. Consequently, the Claimant pursued claims for failure to make reasonable adjustments, discrimination arising from disability, and harassment.

The Employment Tribunal’s Judgment

Following the proceedings, the employment tribunal upheld two specific claims.

The first related to unlawful harassment, specifically the Stephen Hawking comment. While the tribunal acknowledged that the Claimant often took offence “very easily and unreasonably,” it held that she had reason to be upset this time. The comment may have represented a one-off incident, but it nonetheless created a hostile or offensive environment for her.

The second related to a failure to make reasonable adjustments. Various elements of this claim were dismissed by the tribunal, but it upheld one part relating to disability trigger points. This was because the Respondent failed to account for the Claimant’s disability when considering her sickness absences.

While the Claimant also claimed that the Respondent had discriminated against her in dismissing her because her dismissal allegedly arose due to her disability, the tribunal held that her dismissal didn’t meet the legal threshold for discrimination under Section 15 of the Equality Act 2010. All other claims were also dismissed.

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Despite this, following her two successful claims, the Claimant was awarded a total of £17,280 in compensation. Her compensation comprised £12,000 for the Respondent’s failure to make reasonable adjustments, £1,500 due to the unlawful harassment she faced, and £3,780 in interest.

The Duty to Make Reasonable Adjustments

Under the Equality Act 2010, individuals considered “disabled” are entitled to reasonable adjustments. This legislation defines disability as a physical or mental impairment that has a long-term adverse effect on a person’s ability to undertake regular daily activities.

If a person is considered legally disabled, their adjustments could include:

• Remote or hybrid working arrangements
• Specialist equipment, such as an ergonomic chair, sound-cancelling headphones, or a standing desk
• Adjusted start and finish times
• Modified performance metrics
• Alternative communication methods

If an employer is found liable for a failure to make reasonable adjustments, they could face significant legal consequences, often including compensatory payouts. These repercussions could extend further, though, impacting workplace productivity, staff retention, and talent acquisition. Taken together, these risks make compliance essential.

Failure to Make Reasonable Adjustments: Employee Next Steps

If someone thinks they’ve been refused adjustments they’re entitled to, several options are available to remedy the situation.

In the first instance, it’s often recommended to discuss the problem internally with one’s manager or HR department. If this isn’t suitable, raising a formal grievance in line with an employer’s policy could provide a solution. While both options differ in formality, resolving the matter either way will help avoid the stresses and costs of legal proceedings.

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Where neither avenue provides a satisfactory outcome, though, Acas early conciliation is usually the next step. This free and independent process is typically required before an employment tribunal claim can be brought, and offers a further chance to resolve the issue informally.

However, as a last resort, those affected could look to initiate employment tribunal proceedings. Strict eligibility criteria and time limits must be met to proceed, but if successful, compensation could be awarded.

Notably, regardless of the route pursued, collecting evidence is essential to support one’s case. Evidence could include written correspondence, the contact details of any witnesses of face-to-face communication, or emails. By gathering such evidence, the strength and possible success of one’s claim likely increases.

Get Help with Redmans

If you believe you’ve faced disability discrimination or haven’t received adjustments you’re entitled to, contact us today. Redmans Solicitors are employment specialists. Following a brief consultation, we can answer your queries and provide expert advice. We can also assess your eligibility to make a claim, and guide those eligible through each stage of the legal process.

To learn more about how we may be able to help you, please:

• Give us a call directly on 020 3397 3603
• Complete our online form with your details to request a callback