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In Croft Vets v Butcher, the Employment Appeal Tribunal (EAT) held that it was a reasonable adjustment to expect the employer to pay for a course of private psychiatric treatment to assist an employee who was absent from work with work-related depression, notwithstanding that the psychiatrist said that such a course of treatment only had a 50% chance of success. So how could his possibly be justified?

The EAT said that the adjustments were job-related and were a specific form of support to help the employee cope with work. On that basis, they amounted to a reasonable adjustment.

The Employer was therefore liable for compensation when the employee resigned following their refusal to fund the treatment when she then sued for constructive unfair dismissal and disability discrimination.

Sarah Rushton (

Tel: 0207 539 4147

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.


Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

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