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The tribunal could make a recommendation that the employer undertake not to have the claimant work with particular colleagues in future, backed up by a severance payment if that was not possible.

The claimant was disabled by reactive depression which she said resulted from bullying and harassment at work. After more than a year on sick leave, she returned to work at a different office from the two colleagues concerned. However she asked the employer for an undertaking that at no point in the future would she have to work with or under the management of either of those colleagues. The employer refused. She claimed for a failure to make reasonable adjustments.

The Employment Appeal Tribunal (EAT) in Hill v Lloyds Bank held the employment tribunal was entitled to recommend that the employer should give an undertaking that the claimant would not have to work with the two colleagues, and that if working with them could not be avoided then the employer would offer her a redundancy/severance payment equivalent to its redundancy payment scheme.

More: Examples of reasonable adjustments>Not working with people alleged to have bullied.