Rentokil Initial UK Ltd v Miller [2024]
Can a trial period be a reasonable adjustment? In Rentokil Initial UK Ltd v Miller [2024], the EAT held that it can.
What happened?
- Mr Miller was employed by the Respondent as a Pest Control Technician, a physically demanding job.
- In 2017, he was diagnosed with multiple sclerosis.
- The Respondent made various modifications to try and enable Mr Miller to continue in his role.
- Despite these adjustments, it became clear that Mr Miller could not remain within the physically demanding role and other possibilities were considered.
- Mr Miller applied for the role of service administrator but was unsuccessful.
- A capability assessment concluded that no further adjustments could be made for him and there were no other suitable alternative roles available.
- Following this, Mr Miller was dismissed.
Mr Miller brought a claim arguing that failing to place him in the service administrator role on a trial basis amounted to a failure to make reasonable adjustments.
The tribunal agreed, so the Respondent appealed.
But the appeal was dismissed.
It was held that section 20(3) of the Equality Act 2010 refers to ‘such steps as it is reasonable to have to take to avoid the disadvantage’.
It was held that the only consideration is if that step is reasonable to be taken, and that a trial period was a reasonable adjustment.
Why does this matter?
When considering dismissing an employee with a disability, you must not only consider alternative role but also trial them if reasonable to do so.
What can HR learn from this?
- Ensure all reasonable adjustments have been made before moving for dismissal when an employee has a disability.
- Ensure disability discrimination training is up to take for all employees.
Need help?
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