Case Report: Hainsworth v Ministry of Defence

In the recent case of Hainsworth v Ministry of Defence the Court of Appeal considered whether reasonable adjustment provisions protect a non-disabled employee who is associated with a disabled person.

The Facts

Ms Hainsworth was employed by the Ministry of Defence (MoD) as a teacher in Germany. Ms Hainsworth’s daughter, who had Down’s syndrome, could not attend the school in the army base where Ms Hainsworth worked because the MoD’s education facilities could not provide for children with disabilities. Ms Hainsworth requested a transfer to the UK so that her daughter’s needs could be met, which the MoD refused. Ms Hainsworth brought a claim under the Equality Act 2010 that by refusing to accommodate her request the MoD had breached their obligation to make reasonable adjustments.

The Law

Under Schedule 8 to the Equality Act 2010 an employer need only make reasonable adjustments for an “interested disabled person” who is, or has notified the employer that they might be, an applicant for the employment, or an employee of the employer. Article 5 of the Equal Treatment Framework Directive only applies to reasonable adjustments for the assistance of disabled prospective employees or current employees. This could not be stretched to cover employees associated with a disabled person.

The Decision

Based on the above, the Court of Appeal confirmed that reasonable adjustment provisions do not protect a non-disabled employee who is associated with a disabled person. This is because the definition of association is “vague” and “uncertain”.

This case clearly demonstrates that the obligation to make reasonable adjustments does not apply to employees who are associated with disabled people. However, employees can now make a request for flexible working and female employees may be able to bring a sex discrimination claim if they are the sole carer of a disabled child. As a matter of good practice, employers should try to assist and support an employee who has an ill or disabled family member as far as reasonably possible.