In Mrs M G Gonczyova v Barchester Healthcare Ltd: 2205716/2023, the Employment Tribunal (ET) found that the respondent, Barchester Healthcare Ltd, had unlawfully discriminated against the claimant, Mrs Gonczyova, by failing to make reasonable adjustments to accommodate her disability, in breach of the Equality Act 2010.
The claimant, employed as a care assistant, argued that after sustaining an injury that restricted her ability to perform certain physical tasks, the respondent failed to make necessary adjustments to accommodate her disability. The claimant provided evidence that despite notifying the respondent of her condition and its impact on her ability to work, Barchester Healthcare Ltd did not adequately modify her duties or offer alternative tasks that she could reasonably perform.
The ET found that the respondent had not engaged in a meaningful consultation with the claimant to identify possible reasonable adjustments, such as modifying her working hours, reallocating specific duties, or providing alternative roles. The ET emphasised that the respondent’s failure to act was not justified by any significant operational difficulties. It was further highlighted that the duty to make reasonable adjustments is an ongoing obligation that must be regularly reviewed in light of any changes in an employee’s circumstances or condition.
The ET concluded that the respondent’s failure to fulfil its obligations under the Equality Act 2010 amounted to unlawful disability discrimination. It was determined that the lack of proper engagement and meaningful dialogue with the claimant regarding potential adjustments resulted in a serious breach of the statutory duty owed to the claimant.
This decision serves as an important reminder to employers of the necessity to adhere to their obligations under the Equality Act 2010. Employers must ensure they are regularly reviewing their policies and practices to promote an inclusive workplace and prevent potential legal liabilities.
Mrs M G Gonczyova v Barchester Healthcare Ltd: 2205716/2023 – Reserved Judgment.
