How NOT
to handle discrimination

Real case law examples

Case law examples

Rentokil Initial UK Ltd v Miller (2024)

What happened

An employee with a disability was dismissed without being offered reasonable adjustments.

Outcome

The tribunal ruled that the employer failed in their duty to make accommodations, breaching the Equality Act 2010.
The EAT rejected the employer’s argument that a trial period cannot be a reasonable adjustment.
The employer lost the case and was ordered to pay compensation.

Lesson

If an employee with a disability can’t continue in their current role, you need to at least explore reasonable adjustments with them.

Case law examples

Carozzi v Uni of Hertfordshire (2024)

What happened

Carozzi was subjected to comments on her ‘very strong’ Brazilian accent, including comments that it can be difficult to understand, which resulted in her resignation.

Outcome

The EAT recognised that comments about a person’s accent could relate to their race if their accent is part of their ethnic identity, and this was indeed harassment and race discrimination.

Lesson

Be mindful of comments that could be seen as racially insensitive even if they’re not intended to hurt.
Employers must now be more vigilant in addressing and preventing any conduct that could be perceived as harassment or victimisation.

Key lessons from the law

Don't ignore reasonable adjustments

Employers have a legal duty to accommodate employees with disabilities.

Be cautious with workplace policies

Be cautious with workplace policies. Even well-intended policies can create indirect discrimination.

Train all your managers

Many cases stem from managers making poor decisions due to lack of training. Ensure all managers are trained properly and understand the law.