Hainsworth v Ministry of Defence  IRLR 728;  EWCA Civ 763; (2014) EMPLR 054
Court of Appeal, Civil Division
Laws, Tomlinson and Briggs LJJ
The duty to make reasonable adjustments where an employer’s provision, criterion or practice places a disabled employee at a particular disadvantage does not extend to situations where the employee is not disabled but is a carer for a disabled person.
H was a civilian employed by the British armed forces in
The Court of Appeal rejected the claim. The duty to make reasonable adjustments applies only where the employee him or herself is disabled. That is different from the situation where an employee is treated less favourably because, though not disabled themselves, they are carers for someone who is disabled. In such a situation, the employee is treated less favourably, in breach of the rules on disability discrimination, because the reason for the treatment is disability.
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