In Hay v Surrey County Council the Court of Appeal declined to review the conflicting EAT decisions on the duty to make reasonable adjustments. In Mid-Staffordshire General Hospitals NHS Trust v Cambridge the EAT held that a necessary part of the duty was to make a "proper assessment" of what needed to be done. However, in Tarbuck v Sainsbury's Supermarkets Limited, the EAT held that the duty to make reasonable adjustments was limited to what an employer did or did not do, not what the employer had considered. Going forward it appears that, whilst Elias P's judgment in Tarbuck will be followed as the appropriate authority (as has been the case to date), in practice employers will remain well advised to consider whether adjustments can be made for a disabled employee and whether it would be reasonable to make any identified adjustments in all the circumstances of the particular case.