In Smith v Network Rail Infrastructure Ltd the EAT held that one grievance letter was sufficient under the Employment Act 2002 to cover a continuing failure to make reasonable adjustments under the Disability Discrimination Act 1995. No further letter of grievance was necessary in order to give the tribunal jurisdiction to consider acts and omissions of the employer after the date of the initial grievance letter, where the complaint was "essentially the same".

The EAT also held that the tribunal had erred in two further respects: firstly, the date on which the duty to make reasonable adjustments was triggered in a situation where it was clear, in view of the employee's disability, that he would never be able to return to his original job; secondly, whether that duty obliged the employer to give some further training to the employee even before a suitable vacancy had been identified.