Failure to make reasonable adjustments: managers can be personally liable too

Can only the employer be held responsible for failing to make reasonable adjustments for a disabled worker? No. In certain circumstances, an individual employee, such as a manager, can also be personally liable.

The Employment Appeal Tribunal confirmed this in Merriman v 1st Staff Ltd and Others [2026] EAT 128.

What does this mean in practice?

Reasonable adjustments are changes that remove or reduce a substantial disadvantage someone faces at work because of a disability. Depending on the circumstances, these might include changes to working hours, suitable equipment, additional breaks or a different way of carrying out duties. What is reasonable depends on the individual situation. 

Ms Merriman worked through an agency as a tutor for a person with special needs. Her disabilities made it very difficult to attend the premises where she taught. She requested adjustments, including teaching online instead of face to face.

The Employment Tribunal allowed her reasonable adjustments claim against the company to continue. However, it struck out the same claims against four individuals working for the company. Its reasoning was that the duty to make adjustments rested with the employer, so individuals could not face this type of claim.

The Employment Appeal Tribunal decided that this was legally wrong.

Although the duty rests with the employer, a company acts through people. Where an individual employee’s action or failure to act amounts to a breach of that duty, the Equality Act 2010 can make that person personally liable too.

An employee can also remain personally liable even if the employer successfully argues that it took all reasonable steps to prevent the conduct.

This does not mean every manager is automatically liable whenever an adjustment is not introduced.

It is necessary to establish what the individual did, or failed to do, and whether the legal conditions for personal liability are met. Simply holding a management position is not enough.

Crucially, the appeal tribunal did not decide that the individuals in Ms Merriman’s case had discriminated against her or that they must pay compensation. It restored them as respondents to the reasonable adjustments claim. The allegations against each person still need to be clarified and decided by the Employment Tribunal. 

What can workers take from this?

• Explain the difficulties your disability causes at work and what changes could help.

• Keep adjustment requests, emails and responses.

• Record who made decisions, what was agreed and what was not put into practice.

• If considering a claim against an individual, identify that person’s specific actions or failures to act.

For employers, this is also a reminder to train managers who handle adjustment requests and keep clear records of decisions and the reasons behind them.

Saying “adjustments are the company’s responsibility” is not enough to rule out personal liability for someone involved in a breach.

These Equality Act 2010 rules apply in England, Wales and Scotland. Northern Ireland has separate legislation.

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