Winckworth Sherwood

UK 200 2013 position: 94

No duty to make reasonable adjustments for an employee associated with a disabled person

In the recent case of Hainsworth v Ministry of Defence, the Court of Appeal held that an employer has no duty to make reasonable adjustments for a non-disabled employee associated with disabled people.

Hainsworth (H) was employed by the Ministry of Defence and was based in Germany. Her daughter suffers from Down’s syndrome and as her special educational needs could not be met in Germany she requested a transfer to the UK to help meet her needs. This was refused.

H brought a claim for failure to make the ‘reasonable adjustment’ of transferring her to the UK owing to her daughter’s disability…

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