Background
Mr. Miller, the claimant, was employed as a pest control technician. He developed multiple sclerosis, which eventually made it impossible for him to continue in his field-based role, even with adjustments. Rentokil placed him on paid leave and explored alternative roles.
Key Issue
Mr. Miller applied for a service administrator role—a more junior, office-based position. He was rejected after written tests and an interview, with the employer citing poor test results and a lack of relevant experience. He was later dismissed on capability grounds.
Tribunal Findings
The Employment Tribunal (ET) found that Rentokil failed to make a reasonable adjustment by not offering Mr. Miller a trial period in the new role. The ET noted that his previous role had included administrative tasks relevant to the new position. Additionally, his lack of Excel skills could have been addressed through training. The employer was found to have focused too heavily on standard recruitment criteria rather than considering reasonable adjustments for a disabled employee. The Employment Appeal Tribunal (EAT) upheld the ET’s decision.
Rentokil Initial UK Ltd v Mr M Miller [2024] EAT 37
