Translator with MS won reasonable adjustments claim but lost redundancy challenge

A redundancy process that fell short

When STB Limited identified a 50% downturn in English to German translation work, it placed the translator's role at risk of redundancy. The translator, who has relapsing remitting multiple sclerosis, had previously agreed reasonable adjustments with her employer, including working from home. During the redundancy consultation, she asked to bring Dr Coulton as a support person. Although he was allowed to attend, he was not permitted to speak on her behalf.

The tribunal found that this failure to allow Dr Coulton to speak placed the translator at a substantial disadvantage compared to non-disabled employees. The consultation meetings were stressful, and the translator's disability affected her ability to articulate her thoughts under pressure. The tribunal concluded that a reasonable adjustment would have been to allow her representative to speak, which would have cost the employer little or nothing.

What the employer could have done differently

The employer could have avoided this claim by simply allowing Dr Coulton to speak during the meetings. The tribunal noted that the employer had no policy preventing this and that it would have been a straightforward adjustment. Instead, the employer insisted that questions be submitted in writing and answered the next day, which the tribunal found was not an adequate substitute.

Why this case matters

This case highlights that the duty to make reasonable adjustments applies to all aspects of employment, including redundancy processes. Employers must consider whether their standard procedures disadvantage disabled employees and take steps to level the playing field. For employees, it shows that even if a redundancy dismissal is fair, a failure to make reasonable adjustments can still result in compensation for injury to feelings.