Trial Periods – A Reasonable Adjustment

A ruling in the Employment Appeals Tribunal (EAT) this month is certainly worthy of note for employers looking to dismiss employees with a disability after seemingly having exhausted all possible reasonable adjustments.

The case (Rentokil Initial UK Ltd v Miller [2024] EAT 37) revolves around Miller, who had been employed by Rentokil as a technician since 2016. However, due to a diagnosis of multiple sclerosis in 2017, Miller faced challenges in continuing his physically demanding field role, which involved working at heights and various physical tasks. Despite his dedication and years of service, Rentokil determined in 2019 that Miller could no longer fulfil his current duties.

Following this determination, Miller underwent written tests and interviews for an administrative role within the company, which would be less physically demanding. However, Rentokil did not extend an offer for this position, ultimately leading to Miller’s dismissal.

The crux of the legal dispute lay in Rentokil’s failure to offer Miller a trial period in the new administrative role, which the Employment Tribunal deemed a reasonable adjustment.

The EAT Judge Auerbach’s decision to uphold this ruling underscores the obligation of employers to explore all avenues for accommodating employees with disabilities. Central to Judge Auerbach’s judgment was the acknowledgment that in cases where a disability renders an employee unable to continue in their current role, offering a trial period in a new position can constitute a reasonable adjustment. He emphasised that any measure aimed at mitigating the substantial disadvantage caused by a disability should be considered a relevant step in fostering inclusivity within the workplace.

Rentokil’s contention that a trial period merely served as an investigative tool rather than an adjustment itself was rebuffed by the Judge. He highlighted the transformative potential of such periods, which not only offer a chance for assessment but also hold the promise of preserving the employee’s tenure.

This ruling by the EAT not only upholds the rights of individuals with disabilities but also underscores the role of the Employment Tribunal in scrutinising employers’ justifications for failing to make reasonable accommodations. The Judge emphasised that while deference to employers’ views is warranted in some instances, it is not absolute, especially when cogent reasons exist to challenge their assertions.

In essence, the judgment sets a precedent for employers to proactively engage in dialogue and fully explore and consider adjustments that may enable employees with disabilities to remain and thrive in the workplace.

Please get in touch if you have any questions regarding the issues discussed in this article.

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