Claimant v Jet2holidays Limited
Outcome
Individual claims
The tribunal found that the claimant did not discharge the burden of proving she was at substantial disadvantage from lacking two compatible monitors, as she worked successfully with laptop and one monitor for weeks and repeatedly assured management she needed nothing further. In relation to assistance setting up equipment, the respondent had no knowledge of this disadvantage until 20 April 2023, and provided the adjustment (engineer visit) on 12 May 2023 — within 3 weeks. This was not an unreasonable timeframe given limited field engineer resources and ongoing projects. The respondent took considerable steps to support the claimant and made reasonable enquiries about adjustments throughout.
Facts
The claimant, a Travel Advisor registered blind due to visual impairment, claimed the respondent failed to make reasonable adjustments by not providing a desktop PC, two compatible monitors, and engineer assistance to set up equipment at home. She was provided with a laptop and one monitor on starting employment in January 2023. Occupational Health recommended a second monitor in February 2023, which was delivered but the claimant could not connect it herself. The respondent tried remote troubleshooting for several weeks. On 20 April the claimant requested in-person technical assistance. An engineer visited on 12 May and successfully set up two monitors, and a desktop PC was installed on 23 May. Throughout, the claimant repeatedly assured management she had the equipment she needed and did not raise issues with the original setup until after the Occupational Health assessment.
Decision
The tribunal dismissed the claim. It found the claimant did not prove substantial disadvantage from lacking two identical monitors, as she worked successfully with the original setup and repeatedly confirmed she needed nothing further. Regarding engineer assistance, the respondent only had knowledge of this need from 20 April 2023 and provided the adjustment on 12 May — within a reasonable 3-week period given limited resources. The respondent made reasonable enquiries about adjustments and responded positively when issues were raised.
Practical note
Employers must have actual or constructive knowledge of the specific substantial disadvantage before the duty to make reasonable adjustments arises, and may reasonably rely on a disabled employee's assurances that no adjustments are needed when they have made appropriate enquiries.
Legal authorities cited
Statutes
Case details
- Case number
- 6001223/2023
- Decision date
- 18 June 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Travel Advisor
- Service
- 1 years
Claimant representation
- Represented
- No