The Claimant was disabled for the purposes of the Equality Act 2010 by reason of his anxiety and depression. The Claimant had periods off sick after suffering from stress due to his role, in particular performing court duties. In April 2015 he was put into an Enforcement Officer role that did not require him to do these duties. Going into the autumn of 2015, however, the Claimant's duties essentially slid back to his former role and included the court duties that placed him under particular stress. He asked to be moved to a new position of Victim Liaison Officer (VLO) but the Respondent did not follow this up. He was then offered a role in the Offender Management Unit (OMU) which the Claimant had concerns about. He then retired and claimed that the Respondent had failed to make reasonable adjustments. The ET rejected his claim saying that his subjective fears about the OMU post were ill-founded and the Respondent had complied with its obligations to make reasonable adjustments. The ET was also satisfied that the Claimant was employed in a generic role such that he could be moved to other positions by the Respondent, including the OMU post. The Claimant appealed.

The EAT allowed the appeal. The Claimant's complaint of a failure to make reasonable adjustments was not limited to events in March/April 2016 but also encompassed the latter part of 2015 and early 2016. On the ET's findings of fact, the Claimant's Enforcement Officer position had changed such that he was again subject to the PCP (court duties) that placed him at a substantial disadvantage; the ET had, however, not demonstrated that it had engaged with the Claimant's complaint that the Respondent had failed to comply with its obligation to make reasonable adjustments at this stage.