Rentokil Initial UK Ltd v Miller [2024]

This case is from the Employment Appeals Tribunal and addresses whether or not offering an alternative role on a temporary basis would be a reasonable adjustment.

Mr Miller was a pest control technician in a “field role” and was then diagnosed with multiple sclerosis meaning, unfortunately, he was no longer able to perform his role.  He applied for a service administrator role but was unsuccessful and ultimately dismissed.

The Employment Tribunal upheld Mr Miller’s claim that he should have been trialled in the service administrator role and subsequently awarded remedy to the Claimant for unfair dismissal and disability discrimination.  The Employment Appeals Tribunal supported the Employment Tribunal’s decision and dismissed the appeal.

What we can take away from this case is that burden of reasonable adjustments perhaps goes further than we have previously expected and putting forward of a trial in an alternative role should be considered before immediately jumping to a dismissal.

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