Payment of private counselling is a reasonable adjustment

In a case which is probably fact specific but interesting nonetheless, Croft Vets Limited and others v Butcher is an EAT decision upholding a Tribunal decision that the employer breached its duty to make reasonable adjustments under the Equality Act by not paying for the employee to have private psychiatric counselling and cognitive behavioural therapy to treat her work related stress and depression. These adjustments were recommended by a consultant psychiatrist, who considered the stress to be sufficiently job related to fall within the ambit of the legislation. The support would have assisted the employee to return to work and cope with her work related difficulties and the employer’s payment for the support would have facilitated her access to the treatment. The EAT emphasised in its decision that this was not a case about employers generally being obliged to pay for private medical treatment. Hence the case probably being very fact specific.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.