EAT Confirms Individual Employees May Face Personal Liability for Failure to Make Reasonable Adjustments

The Employment Appeal Tribunal has confirmed that individual employees may, in certain circumstances, face personal liability in reasonable adjustments claims. The decision provides important guidance on disability discrimination law, agency workers and the potential implications for employers in Northern Ireland.

The Employment Appeal Tribunal (EAT) has provided important clarification on the scope of personal liability in disability discrimination claims. In Merriman v 1st Staff Limited and Others [2026] EAT 128, the EAT held that claims relating to a failure to make reasonable adjustments may, in appropriate circumstances, proceed not only against an employer but also against individual employees involved in the alleged discriminatory conduct.

Background to the Agency Worker Disability Discrimination Claim

The claimant was engaged as an agency worker providing tutoring services. Following the onset of disabilities, she sought workplace adjustments, including a move from face-to-face to online tuition. The Employment Tribunal allowed her reasonable adjustments claim to proceed against the employer but struck out the same claim against four individual employees on the basis that the duty to make reasonable adjustments rests with the employer.

The claimant appealed that aspect of the Tribunal’s decision.

EAT Decision: Can Individual Employees Be Liable for Reasonable Adjustments Failures?

The EAT concluded that the Tribunal had erred in law by finding that a reasonable adjustments claim could not be brought against individuals. The Tribunal’s decision to strike out the claims against the individual respondents was overturned and those respondents were rejoined to the proceedings. The EAT did not determine whether any individual was liable, the allegations against each respondent must now be clarified, properly particularised and proved before the Tribunal.

Sections 109 and 110 of the Equality Act 2010

In reaching its decision, the EAT considered sections 109 and 110 of the Equality Act 2010, which deal with vicarious liability and the personal liability of employees and agents. Where an employee or agent does something which is treated under section 109 as having been done by the employer or principal, and that conduct amounts to a contravention of the Act by the employer or principal, the individual may also be personally liable under section 110. An individual has a defence where they reasonably rely on a statement by the employer or principal that the conduct would not contravene the Act.

Why Employees and Agents May Face Personal Liability

Importantly, the EAT held that although the statutory duty to make reasonable adjustments is imposed upon the employer or principal, companies can only act through their employees and agents. Where an employee’s actions or omissions contribute to a failure to comply with that duty, sections 109 and 110 may be engaged, potentially exposing the individual to liability alongside the employer.

The Role of the EHRC Employment Statutory Code of Practice

The EAT also found support for this interpretation in the Equality and Human Rights Commission Employment Statutory Code of Practice, which provides examples of situations where managers may be personally liable for failing to implement reasonable adjustments.

Northern Ireland Perspective: Disability Discrimination Act 1995

In Northern Ireland, disability discrimination is governed by the Disability Discrimination Act 1995 rather than the Equality Act 2010.

Sections 57 and 58 of the Disability Discrimination Act 1995

Section 58 of the Disability Discrimination Act 1995 attributes acts done by employees in the course of employment, and authorised acts of agents, to the employer or principal. It does not itself create personal liability for employees or agents. However, section 57(2), read with section 58, provides that an employee or agent for whose act the employer or principal is liable under section 58, or would be liable but for the statutory defence, is treated as having aided the employer or principal to do the act. Personal liability in Northern Ireland may therefore arise under section 57 read with section 58, rather than under section 58 alone.

Could Northern Ireland Tribunals Follow the EAT’s Reasoning?

Although this case was decided under the Equality Act 2010, it may be relevant to employers in Northern Ireland. The EAT concluded that claims relating to a failure to make reasonable adjustments can, in principle, proceed against individual employees as well as the employer, subject to proof of each individual’s relevant conduct. Whilst the decision is not binding in Northern Ireland, an Industrial Tribunal may find the EAT’s reasoning persuasive when considering the distinct statutory scheme under sections 57 and 58 of the Disability Discrimination Act 1995. The outcome would depend on the application of those provisions to the particular facts.

What Does This Mean for Northern Ireland Employers?

This decision serves as a timely reminder that disability discrimination claims may expose not only organisations but also managers, supervisors and other employees to personal liability. While the duty to make reasonable adjustments rests with the employer or principal, this judgment confirms that an individual may also be named as a respondent where their own act or omission is alleged to satisfy the statutory conditions for personal liability. Mere involvement in discussions about adjustments does not, without more, establish liability.

Practical Steps to Reduce the Risk of Personal Liability

For employers, the practical implications include:

1. Ensuring managers understand their obligations when dealing with requests for reasonable adjustments;
2. Providing regular equality and diversity training;
3. Maintaining clear records of requests, discussions and decision-making processes;
4. Taking proactive steps to assess and implement reasonable adjustments where appropriate;
5. Reviewing policies and procedures to ensure compliance with disability discrimination legislative obligations.

Key Takeaways for Employers and Managers

This decision reinforces the broad reach of disability discrimination legislation and highlights that personal liability may extend to allegations concerning a failure to make reasonable adjustments. Whilst the statutory duty remains imposed on the employer or principal, individuals may also face claims where a specific act or omission on their part satisfies the applicable statutory conditions. The judgment establishes that such claims are legally capable of proceeding, it does not establish liability on the facts of the underlying case.

Employers should ensure that managers and decision makers receive appropriate training and support to reduce the risk of both organisational and personal liability arising from disability discrimination complaints.

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This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Employment team at Cleaver Fulton Rankin for further advice or information.

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