Royal Mail case shows importance of considering redeployment before dismissal
A recent Employment Appeal Tribunal (EAT) case shows employers a clear reminder of the importance of considering redeployment before dismissing a disabled employee.
The employee, Mr Ian Budgen, was dismissed by Royal Mail because he was often absent due to health problems over several years. He claimed this was unfair and that he faced disability discrimination, which proceeded to a Tribunal.
However, the Employment Tribunal, held in October 2021, did not agree and dismissed his claims. Mr Budgen appealed that decision and the case proceeded to an Employment Appeal Tribunal.
The basis of Mr Budgen’s appeal was that the original Tribunal should have considered moving him to a different job (re-deployment) as a reasonable adjustment under the Equality Act 2010. He argued to the EAT that not considering this option was a legal mistake, because it could have been a fairer alternative to firing him.
The facts of the case
Mr Budgen worked as a Postman for Royal Mail, which has over 139,000 employees, from August 1994 to December 2019. He was dismissed after repeatedly being absent from work between 2015 and 2019. He had 32 periods of absence totalling 297 days off work.
His absences were deemed to be mostly due to genuine health reasons. His managers didn’t believe his attendance would improve and Royal Mail followed it’s published policies and procedures, culminating in his dismissal.
The Employment Tribunal in October 2021 found that he was disabled due to anxiety and depression, visual migraines, musculoskeletal disorders and bladder issues.
An occupational health report obtained in August 2018 suggested he work fewer hours, but he declined on financial grounds. Royal Mail dismissed him not on the grounds of conduct or capability, but on the grounds of another substantial reason (that they did not believe his attendance would improve).
Neither party mentioned redeployment before or during the initial hearing. However, whether redeployment was considered is an important legal point, in determining if the dismissal was fair.
It was shown to be an established principle that the original Tribunal should have asked if redeployment was considered but didn’t. That meant the claim for unfair dismissal which had been rejected had to be set-aside, so the Tribunal could reconsider the point.
The EAT duly referred the case back to the original Tribunal judge and asked that it reconsider whether redeployment had been considered, before deciding whether the dismissal was fair or unfair.
Conclusions for employers
The case shows the importance for employers of considering re-deployment, before dismissing on the ground of ill-health, or another substantial reason related to health or attendance.
About Occupational Health Assessment Ltd – a nationwide occupational health provider
Occupational Health Assessment Ltd provides rapid access to expert occupational health support for businesses across the United Kingdom. Appointments are available nationwide within two days.
With a unique occupational health assessment service, night worker health assessments, fitness certifications and access to clinics in Belfast, Birmingham, Bradford, Brighton, Bristol, Cardiff, Coventry, Derby, Edinburgh, Glasgow, Hull, Leeds, Leicester, Liverpool, London, Manchester, Newcastle, Northampton, Nottingham, Plymouth, Portsmouth, Reading, Sheffield, Southampton, Stoke, Surrey and more, the business provides high quality, expert medical advice.
Please contact us for further information or assistance.