Navigating Reasonable Adjustments – Trial Periods and Redeployment

In the recent case of Rentokil Initial UK Ltd v Miller [2024] EAT 37, the Employment Appeal Tribunal (EAT) considered whether an employer had failed to make a reasonable adjustment when it did not offer a disabled field employee a trial period in an administrative role. Reasonable adjustments are modifications in policies, practices or physical environments to accommodate individuals that are recognised as disabled for the purposes of the Equality Act 2010 (EqA 2010). In this case, Miller worked as a field-based pest controller and after being diagnosed with multiple sclerosis in March 2017, he experienced challenges in undertaking his physically demanding role. Rentokil did make various adjustments to his working arrangements and terms and conditions to mitigate the ongoing impact his disability had on his ability to complete his role. However, in February 2019, Miller applied for a service administrator role at the organisation, but failed the written tests and interviews. Following this, a capability meeting was held for his pest control role in March 2019, and it was concluded that there were no further adjustments that Rentokil could make for him that would alleviate the difficulties that had arisen in undertaking his role and there were no other suitable alternative positions within the Company. Miller was subsequently dismissed. The Employment Tribunal upheld Miller’s claim for disability discrimination and unfair dismissal. On appeal, the EAT held that the Claimant was placed at a substantial disadvantage because of his disability as he could no longer complete his duties as part of his pest control role. The Tribunal found that had Miller been offered a trial period in the administrative role, there was a 50% chance it would have succeeded, and the role would then have been made permanent. Because the EAT were satisfied that Miller had demonstrated that the alternative role was potentially appropriate and suitable, the burden shifted to Rentokil to show that it was not reasonable to redeploy Miller or to allow for a trial period to be completed. This case highlights the importance for employers to consider very broadly what reasonable adjustments they can make for their disabled employees, including trial periods in alternative roles and redeployment, to create working environments that do not unlawfully discriminate and cultures that foster equality, diversity, and inclusion. To find out more about your organisation’s obligations to made reasonable adjustments please get in touch with our team of expert Solicitors and HR Professionals.