A case where there was no duty on the employer to make reasonable adjustments.

In Hindmarch v North East Ambulance NHS Foundation Trust, Mr Hindmarch worked as a non-emergency ambulance driver. He had severe anxiety, which was accepted to be a disability. During the COVID-19 pandemic, emergency staff were given FFP3 masks, while non-emergency staff were given FFP2 masks. Mr Hindmarch was very anxious about catching COVID and this stopped him from going to work. Eventually, he was dismissed.

Mr Hindmarch claimed unfair dismissal and failure to make reasonable adjustments. He argued that the Trust should have given him an FFP3 mask to help him return to work.

The Employment Appeal Tribunal held that there had been no failure to make reasonable adjustments. The Trust were under a duty to take such steps as it was reasonable to have to take to avoid the disadvantage faced by Mr Hindmarch (his inability to attend work). However, on the evidence, there was no chance that the provision of an FFP3 mask would have removed the disadvantage (i.e. enabled him to return from sick leave). Given there was no chance of the adjustment helping to avoid the disadvantage, it was not reasonable to expect the Trust to make it.