Hainsworth v Ministry of Defence [2013] UKEATPA/0227/13/GE

The President of the Employment Appeal Tribunal has ruled that the duty to make reasonable adjustments does not apply in cases of associative disability e.g. where it is a dependent of the claimant who is disabled. The claim advanced by the claimant alleged associative discrimination on the ground of disability and a failure to make reasonable adjustments on the footing that the claimant’s daughter was disabled. Her daughter suffered from Down's Syndrome and wished to have training to make her less dependent on her mother but this could not be provided in Germany where the claimant worked for the respondent. The training could be facilitated by her mother being permitted to move her place