News & Insights

The recent case of Merriman v 1st Staff Limited and Others [2026] EAT 128 is a useful reminder that disability discrimination claims are not always directed only at the employer. In some situations, individual managers or employees can also be personally named in a claim.

The employee worked as a tutor through an agency. She said she had disabilities which made it difficult for her to attend the workplace in person. She asked for changes to be made, including being allowed to teach online rather than face to face.

The Employment Tribunal allowed her reasonable adjustments claim to continue against the employer. However, it removed the claims against four individual employees, saying that only the employer had the legal duty to make reasonable adjustments.

The Employment Appeal Tribunal disagreed. It said that, while the duty to make reasonable adjustments is owed by the employer, employers act through their managers and staff. If an employee’s actions are part of the employer’s breach of the Equality Act, that employee may also be personally liable.

The appeal was successful. The claims against the individual employees were brought back into the case.

Importantly, the EAT did not decide that those individuals had done anything wrong. It simply said the Tribunal was wrong to assume that reasonable adjustments claims can never be brought against individuals. The case now needs further work so that the allegations against each person are set out clearly.

Why does this matter for HR and SMEs?

1. Take adjustment requests seriously from the start.

A request does not need to use legal language. If someone says they are struggling at work because of a health condition, managers should pause, ask sensible questions and involve HR or senior support where needed.

2. Make sure managers know they could be personally involved in a claim.

This does not mean every manager will be personally liable. But it does mean that managers who handle disability-related requests badly may be named in proceedings. Training, clear processes and early escalation are important.

3. Keep a clear record of what was considered and why.

For smaller employers in particular, good records can make a real difference. Notes should show what the employee asked for, what options were considered, who was involved, and why a particular decision was made.

For any additional information on this topic or other Employment advice, please contact one of our Employment experts.

 This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.