Tribunal suggests redeployment in lieu of dismissal

Where an employee is struggling to maintain regular attendance in their role owing to genuine sickness issues, a recent Employment Appeal Tribunal case held that employers should be looking at the option of redeployment ‘as a matter of course’ before dismissing.

Bugden v Royal Mail

In Bugden v Royal Mail , an employee had been off work for 297 days over a 4 year period due to genuine sickness. He was dismissed from his job because of his inability to fulfil his role. The Employment Appeal Tribunal held that the employer should have considered the possibility of redeployment before dismissing him and that this may have impacted the fairness of the decision to dismiss.

Here are some key points all employers should know about redeployment:

1. Redeployment should be considered as a matter of course where the duty to make reasonable adjustments is engaged (Bugden).
2. A trial period for a disabled employee in a new role can be a reasonable adjustment in itself. There’s no rule that the employee must be suited to the new role (Miller v Rentokil Initial UK).
3. Whether or not redeployment is considered by the employer as an alternative to dismissal, can impact on the fairness of any dismissal.
4. A reasonable adjustment can include transferring an employee into a new role, and even by-passing competitive selection processes (Archibald v Fife Council).
5. The duty to make adjustments does have limits – there is no obligation to slot an employee into a new role if they are entirely unsuitable (Wade v Sheffield Hallam University).