UK Employment Law Case: Mallory v Northern Care Alliance NHS Foundation Trust | Disability Discrimination & Employer Duties

UK Employment Law Case: What Employers Must Learn About Disability Discrimination

A recent Employment Tribunal case, Mallory v Northern Care Alliance NHS Foundation Trust, has reinforced the importance of employers meeting their obligations under the Equality Act 2010, particularly in relation to disability discrimination and reasonable adjustments.

Case Overview (Facts Only)

The Tribunal considered whether the employer had:

• Adequately recognised an employee’s disability

• Taken appropriate steps to support them

• Made reasonable adjustments to remove workplace disadvantage

The case highlighted failures in communication, delays in implementing adjustments, and insufficient consideration of medical evidence.

Key Employer Responsibilities

Under the Equality Act 2010, employers must:

• Identify when an employee may have a disability

• Seek appropriate medical or occupational health advice

• Implement reasonable adjustments in a timely manner

• Regularly review adjustments to ensure they remain effective

Failure to act can result in claims for:

• Disability discrimination

• Failure to make reasonable adjustments

• Constructive dismissal

HR Best Practice

To remain compliant and reduce risk, employers should:

✔ Maintain clear records of all discussions and adjustments
✔ Train managers on recognising potential disabilities
✔ Act promptly on medical recommendations
✔ Ensure policies reflect current legal obligations

Comment from Matthew Chilcott – Owner, Consensus HR

“Employment Tribunal cases like this clearly demonstrate that delays or inaction around reasonable adjustments can lead to significant legal and financial risk. Employers must be proactive, not reactive, when supporting their teams.”

How Consensus HR Supports Your Business

At Consensus HR, we support businesses with:

• Occupational Health referrals

• Policy development aligned to UK law

• Ongoing HR advice for complex employee cases

• Training for managers on Equality Act responsibilities

👉 https://www.consensushr.com
📞 01438 576750