Employment Appeal Tribunal Clarifies Personal Liability for Reasonable Adjustments
The Employment Appeal Tribunal has ruled that individuals can be held personally liable for failing to make reasonable adjustments under the Equality Act 2010.
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The Employment Appeal Tribunal (EAT) has delivered a significant ruling regarding disability discrimination, clarifying that claims for a failure to make reasonable adjustments can be brought against individual employees and agents, not just employers.
Tribunal Error Corrected
The case, Merriman v 1st Staff Limited & Ors, concerned an employment tribunal decision that had struck out reasonable adjustment claims against four individual respondents. The lower tribunal had reasoned that the statutory duty to make such adjustments rests solely with the employer. However, His Honour Judge Barklem has now reversed that decision.
The EAT found that the tribunal erred in law by suggesting these claims could not be directed at individuals. Relying on the precedent established in Baldwin v Cleves School & Ors, the judge confirmed that a company acts only through its agents or employees. Consequently, if an employee commits an act of discrimination for which the employer is vicariously liable under section 109 of the Equality Act 2010, the individual employee may also be held liable under section 110.
Implications for Employers and Staff
The judgment highlights the sophisticated system of liability within the Equality Act. While the duty to make adjustments primarily sits with the employer, this ruling reinforces that individuals cannot necessarily hide behind corporate structures when they are personally involved in discriminatory acts.
The EAT ordered that the second to fifth respondents be rejoined to the claim. The judge acknowledged that further work will be required to properly particularise the allegations against each individual. Nevertheless, this decision serves as a vital reminder that personal liability remains a tangible risk for those responsible for implementing workplace adjustments.
Read the entire judgment here: Merriman v 1st Staff Limited & Ors [2026] EAT 128
