The claimant was an agency tutor for a person with special needs. She developed disabilities which made it difficult for her to visit the pupil’s residence and so sought adjustments including online teaching but this created further difficulties. She brought claims against twelve respondents, among which were umbrella and service companies through which she was paid, and individuals working for the first respondent. At a preliminary hearing, the ET allowed her reasonable adjustments claim against the first respondent to proceed but struck out the same claims against the second to fifth respondents on the grounds that such claims cannot be brought against individuals.

HHJ Barklem allowed the claimant's appeal as although the duty to make reasonable adjustments is imposed on an employer or principal, a company can only act through its agents or employees. When an employee is held to have committed an act of discrimination for which an employer is vicariously liable then the employee is equally liable. Accordingly, the ET’s decision to strike out the claims against the second to fifth respondents was reversed.