Employers duty to make reasonable adjustments: Cairns v Royal Mail Group

Employers must make reasonable adjustments for disabled workers to ensure that they do not suffer any disadvantage when carrying out their roles. This article explores the recent decision in Cairns v The Royal Mail Group Ltd which noted the need for employers to consider alternative employment, pending company reorganisation or restructure, as a reasonable adjustment in capability dismissal circumstances.

Background

The Claimant was employed as Operational Post Grade in the Royal Mail Hendon delivery office since 1990. Following an accident in 2016, he became disabled and was unable to perform his post office outdoor delivery duties. The Claimant carried out supernumerary indoor duties for a short duration and asked his employer for a permanent indoor role as part of the anticipated merger of two delivery offices. Due to a lack of indoor positions available at the time, the Claimant was subsequently dismissed in February 2018 due to ill health and early retirement.

The Claimant brought claims against his employer for unfair dismissal, discrimination arising from disability and a failure to make reasonable adjustments. He also appealed the dismissal decision internally.

The Employment Tribunal (ET) rejected all of the claims on the basis that the Respondent was not obliged to have kept him in supernumerary employment indefinitely until an alternative role became available.

The Claimant appealed the ET’s decision except for the unfair dismissal complaint. Although the timing of the business reorganisation was unclear at the point of the dismissal appeal hearing, a new position within the merger had developed by the date of the Employment Appeal Tribunal (EAT) appeal.

The EAT decided that the ET had failed to consider whether the dismissal was a proportionate means of achieving a legitimate aim. The ET also failed to consider whether it was a reasonable adjustment for the Respondent to delay the Claimant’s dismissal until the merger position was known.

The EAT stated that, at the time of considering whether to dismiss the Claimant, the Respondent ought to have considered keeping the Claimant in continued employment in the supernumerary indoor role for a few further weeks before offering alternative employment in an indoor role following the reorganisation.

This decision emphasises that in addition to considering all potential reasonable adjustments that could be made in the circumstances, employers may also need to assess the availability of future alternative roles, even in situations where organisational changes are impending and/or during any internal appeal process.

Key takeaways for employers

Employers ought to look at the bigger picture and assess the circumstances of their business at the time of making dismissals. It would be regarded as a reasonable adjustment for an employer to delay an employee’s dismissal on capability grounds if a company reorganisation is on the horizon and there may be alternative roles that come up.

It is important for employers to investigate the availability of alternative roles before dismissing an employee on capability or disability grounds and again at the date of any dismissal appeal. Employers should ensure robust capability and internal appeals policies are in place, such that a clear procedure is followed, with reference to a wide range of factors including the prospect of potential business restructuring and reorganisation, which may impact the decision to dismiss, presently and in the future.

For further information about the importance of making reasonable adjustments in disability and capability scenarios, you can read our previous article here.

If you require advice and assistance with capability processes, reasonable adjustments, or a discrimination claim, please contact a member of our team.

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