When are Reasonable Adjustments not reasonable? Hindmarch -v- North East Ambulance NHS Foundation Trust

If there is an adjustment, physical or otherwise, which will help an employee carry out their work then provided it is reasonable, the employer must put the adjustment in place.

A recent Employment Appeals Tribunal decision dealt with the question of whether or not the adjustment sought by an employee was, in fact, reasonable. Mr Hindmarch was employed as a non-emergency ambulance driver. He suffered with severe anxiety, and it was not disputed that this constituted a disability for the purposes of the Equality Act.

During the Covid-19 pandemic, Mr Hindmarch suffered anxiety around catching the virus. It was trust policy that whilst emergency staff were provided with FFP3 masks, non-emergency staff were issued FFP2 masks. Mr Hindmarch refused to work unless issued an FFP3 mask. The Trust refused, relying upon medical advice that the FFP3 mask would not provide significant additional protection in a non-emergency role, and that Mr Hindmarch’s anxiety was unlikely to be assuaged by the provision of the mask due to its severity.

Eventually, Mr Hindmarch was dismissed on grounds of sickness capability. He brough a claim against the Trust for unfair dismissal, and failure to make reasonable adjustments, both of which were dismissed by the Employment Tribunal. Mr Hindmarch appealed.

The Employment Appeals Tribunal upheld the original decision. It found that the adjustment sought was not a reasonable one, because it was unlikely that the adjustment sought would have made any practical difference.