Claimant v Reed Talent Solutions Limited
Outcome
Individual claims
The tribunal found Reed failed to provide: Grammarly Premium, Dragon Professional Individual v15 with compatible headphones, a Varidesk pro plus 36, Workplace Coping Strategy Training, a Roller Mouse wireless, a Gold Touch ergonomic keyboard, and an Adapt 630 Ergonomic Chair with appropriate accessories. All were funded by Access to Work and should have been provided by end of March 2023. The tribunal concluded the claimant would have continued working via the agency had the adjustments been made, and she only moved to direct employment with Leeds City Council because of the failure to provide them.
The claim failed in respect of Read Write software (the claimant had an equivalent from January 2023 which she was able to use) and the Irlens Syndrome/Colourimetry Assessment (when the test was eventually carried out, the claimant's prescription did not need to be changed, so she had the necessary tinted glasses throughout and was not suffering the relevant substantial disadvantage).
Facts
The claimant, a disabled social worker with cervical radiculopathy, osteoarthritis, sciatica and dyslexia with Irlen's syndrome, was placed by Reed (an employment agency) on assignment to Leeds City Council from November 2022. An Access to Work grant approved in December 2022 provided funding for various assistive equipment and software. The claimant worked initially via an umbrella company (PayStream), then directly for Reed between January and April 2023, then via another umbrella company (SWES) from late April to November 2023. Despite repeated requests, Reed failed to provide most of the ATW-funded equipment until September/October 2023. Frustrated by the lack of adjustments, the claimant applied for and accepted direct employment with Leeds City Council in August 2023, starting November 2023.
Decision
The tribunal found Reed had a duty to make reasonable adjustments while the claimant was their employee (January to April 2023) and as an employment service provider. The tribunal upheld claims regarding failure to provide Grammarly Premium, Dragon software with headphones, Varidesk, Workplace Coping Strategy Training, Roller Mouse, ergonomic keyboard and proper ergonomic chair. Claims regarding Read Write software (equivalent provided) and colourimetry assessment (not needed) failed. The tribunal extended time under the just and equitable test, finding it reasonable for the claimant to believe Reed remained responsible until the agency relationship ended. The tribunal found direct causal link between the failures and the claimant's decision to take direct employment with Leeds.
Practical note
An employment agency can be liable for failure to make reasonable adjustments to an agency worker both as employer (when the worker is on their PAYE) and as employment service provider, and the duty extends to providing Access to Work funded equipment even where umbrella company arrangements create complex contractual chains.
Legal authorities cited
Statutes
Case details
- Case number
- 1801643/2024
- Decision date
- 11 February 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Social Worker
- Service
- 1 years
Claimant representation
- Represented
- No