Reasonable Adjustments

The EAT has handed down further guidance in relation to reasonable adjustments in the case of Garrett v Lidl.

The Claimant was a shop manager with the Respondent Company. The Claimant’s contract of employment contained a mobility clause.

The Claimant was diagnosed with Fibromyalgia Syndrome, which causes pain, fatigue and muscle stiffness.

The Respondent conducted a risk assessment and discussed with the claimant a possible change in store.

It was agreed that the Claimant would move from her current store to one in Woolwich which was more convenient. During her time at the Woolwich store the Claimant asked for further adjustments which included gloves for her hands, a retractable knife, at least two breaks per shift, various duties to keep her mobile and to refrain from repetitive tasks.

A further risk assessment concluded that the Claimant could not perform the tasks required for the role of store manager and would not be able to cope in the event of an emergency.  The Claimant was suspended on full pay pending an occupational health report.

The Respondent decided to move the Claimant to another store in Welling as this was considered a safer environment.  The Claimant wanted to remain in Woolwich with adjustments.

The Claimant complained to the Tribunal on the grounds that the Respondent failed to make reasonable adjustments at the Woolwich store.

The EAT upheld the Tribunal’s decision that where an employer has numerous stores it is not unreasonable for an employer to conclude that the adjustments required can be best achieved by a move to another place of work, particularly when there is a mobility clause in the contract of employment.

Employers are therefore advised to ensure that there is a mobility clause in their contracts of employment so that if this situation arises, they can follow suit.  If you wish to receive a free health check on your contracts of employment and employee handbook, please do not hesitate to contact any of the Employment Team.