In Tarbuck v Sainsbury's Supermarkets Ltd, the EAT criticised the earlier decision in Mid-Staffordshire General Hospitals v Cambridge that a failure to make a proper assessment of reasonable adjustments (which may include consulting the employee) would of itself be a breach of the duty to make reasonable adjustments under section 4A of the Disability Discrimination Act. In the EAT's view, although an employer would put itself seriously at risk if it did not make such enquiries, tribunals should apply an objective test based on the steps the employer took or did not take, not on whether it had consulted over those steps.