‘Reasonable adjustments’ by an employer

An employee with type 1 diabetes who was told that it was inappropriate to inject herself in front of colleagues -- something she had to do on average four times a day during working hours -- and that she should use the hallway or toilet instead, was unlawfully discriminated against on grounds of disability, according to an employment tribunal.

In Clark v Newsquest Media (Southern) Ltd, the tribunal found that by requiring the employee to self-test and self-inject in private, the employer had failed to make a reasonable adjustment. The requirement was based on a series of unjustified assumptions including that other employees might be embarrassed or offended or even caused harm if they had a needle phobia.

The tribunal also upheld a harassment claim. In its view the suggestion that she should self-test and self-inject in the hallway or the ladies' toilet "was particularly inappropriate and offensive”. The tribunal awarded compensation of £25,428 including £8,000 for injury to feelings. 

Source: Mercer, 10 August 2011