Rentokil Initial UK Ltd v M Miller

Rentokil Initial UK Ltd v M Miller

There is no rule of law that a trial period in a new role cannot be a reasonable adjustment under section 20 Equality Act 2010. The tribunal was entitled to find, on the facts, that offering the claimant a trial period in the service administrator role was a reasonable adjustment to avoid the substantial...

Source-derived case information.

Parties
Appellant: Rentokil Initial UK Ltd; Respondent: Mr M Miller
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Discrimination Arising From Disability, Burden of Proof
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Discrimination Arising From Disability Burden of Proof

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Summary, issues, holding and outcome

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Parties

Rentokil Initial UK Ltd

Appellant

Mr M Miller

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a trial period in a new role can amount to a reasonable adjustment under section 20 Equality Act 2010
  2. 2 Whether the burden of proof shifted to the employer regarding reasonable adjustments
  3. 3 Whether it was reasonable to require the employer to offer the claimant a trial period in the service administrator role despite concerns about suitability

Ratio Decidendi

There is no rule of law that a trial period in a new role cannot be a reasonable adjustment under section 20 Equality Act 2010. The tribunal was entitled to find, on the facts, that offering the claimant a trial period in the service administrator role was a reasonable adjustment to avoid the substantial disadvantage of imminent dismissal. The tribunal correctly applied the burden of proof and made an objective assessment based on all the evidence. The appeal is dismissed.

Court Disposition

appeal dismissed