Decision: An employer had failed to make reasonable adjustments by refusing to pay for a disabled employee suffering from work-related stress and depression to have private psychiatric counselling and therapy.  The suggested adjustments, which had been recommended by a consultant psychiatrist, were sufficiently “ jobrelated” to fall within the scheme of the legislation because they involved payment for a particular course of treatment to help the employee return to work, and cope with the difficulties she had been experiencing whilst at work.

Impact: Payment for private treatment may be a reasonable adjustment.  This will depend on the circumstances. There is no general duty to pay for private health care, however, it may be a reasonable adjustment in circumstances where an employee’s illness is work-related, and such treatment would help the individual back to work.  There is likely to be further case law on this issue.  

Croft Vets Ltd and others v Butcher