Reasonable adjustments for those who care for the disabled – case may go to Supreme Court


Paul Michell and Chris Milsom intervened before the Court of Appeal on behalf of the Equality and Human Rights Commission in the important case of Hainsworth v Ministry of Defence.

 It concerned whether or not there was a duty in EU law to make reasonable adjustments for carers of disabled people. The Claimant argued that such a duty was in accordance with the aims of the Framework Directive and UN Convention  because it advanced the autonomy and rights of disabled people, who are often reliant on others to remain in employment.

 The Commission sought a reference to the European Court of Justice to decide the point. With some three million employees in England and Wales who also serve as unpaid carers, this is a key issue in the modern workplace, as recognised by the feature on Radio 4’s You and Yours. The Court of Appeal rejected the claim, but it is understood that the Claimant is considering whether to seek permission to appeal to the Supreme Court.

For more information please listen to You and Yours here