Navigating Disability Discrimination: The Role of Trial Periods in Providing Reasonable Workplace Adjustments
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Understanding Legal Obligations for Disability Adjustments in the Workplace
Employers are legally mandated to implement reasonable adjustments in the workplace to minimize the challenges faced by disabled employees compared to their non-disabled counterparts. This commitment can extend to job transfers or considering new roles when existing adjustments fail to suffice. Recent Employment Appeal Tribunal (EAT) decisions have underscored the necessity of offering trial periods as part of these adjustments.
Trial Periods as a Legal Requirement for Disabled Employees
In a pivotal case, an employee with multiple sclerosis, referred to here as 'M', who previously worked as a pest controller, found his duties increasingly unmanageable due to the physical demands and the requirement to work at heights. Despite attempts to modify his responsibilities, it became evident that M could no longer fulfill his role effectively. When M applied for an internal service administrator position, he was turned down after failing specific tests and was deemed unqualified by the interviewers. Notably, the employer overlooked the possibility of a trial period or considering retraining for M, which led to his eventual dismissal. This action was sustained even after internal appeals, as the decision-makers lacked the authority to initiate a trial period.
M's subsequent disability discrimination claim was supported by the Employment Tribunal, which highlighted the employer's oversight in not providing a trial period for the administrative role as a significant misstep in making reasonable adjustments.
The EAT affirmed this judgment, reinforcing the principle that offering a trial period is a reasonable adjustment when a disability substantially impedes an employee’s job performance, potentially leading to dismissal. The tribunal emphasized that successful outcomes are not a prerequisite for trial periods; instead, any measure that could alleviate the employee's disadvantage should be considered.
Considerations for Employers in Offering Trial Periods
When determining the suitability of a role and the necessity of a trial period, employers must evaluate several factors, including the job's essential requirements and the employee's potential for success in the new role during the trial. While employers' assessments are critical, they are not conclusive—tribunals are tasked with making an objective judgment.
This case marks a departure from earlier non-binding opinions, such as those in Environment Agency v Rowan [2008], which suggested that trial periods might not always be required as reasonable adjustments. However, with the EAT's definitive ruling, employers are now encouraged to more actively consider trial periods for appropriate vacancies for disabled employees. If a trial period does not lead to a successful placement, employers are better positioned to demonstrate that they have explored all reasonable adjustments to avert dismissal.
Employers are advised to stay informed about this evolving legal framework and proactively implement trial periods as a feasible strategy for meeting their obligations under disability discrimination laws.
Read The Case:
Read the EAT’s decision in Rentokil Initial UK Ltd -v- Miller [2024] EAT 37
