The case of Cairns v Royal Mail Group Limited revolves around the employer's duty to make reasonable adjustments for disabled employees under the Equality Act 2010. The claimant, employed in a delivery role since 1990, became disabled following an accident in 2016, rendering him unable to perform outdoor duties. He was subsequently assigned supernumerary restricted indoor duties. An occupational health report in January 2018 recommended ill-health retirement for the claimant. Despite efforts to find suitable alternative roles, no vacancies were available, leading to his dismissal on ill-health grounds in February 2018.
Employment Tribunal (ET) Decision
The claimant brought claims of unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments under the Equality Act 2010. The ET held that the employer was not required to create a new position for the claimant or displace other employees to accommodate him. The tribunal found that the dismissal was a proportionate means of achieving a legitimate aim, specifically the efficient operation of the delivery office. The ET also concluded that the claimant's supernumerary role was temporary and that it was unreasonable to expect the employer to maintain this role indefinitely.
Employment Appeal Tribunal (EAT) Decision
The claimant appealed to the EAT on grounds related to discrimination arising from disability and failure to make reasonable adjustments. The EAT found that the ET had failed to consider whether it was reasonable to delay the claimant's dismissal until the merger of delivery offices, which could have provided a suitable indoor role. The EAT emphasised that employers must consider all potential reasonable adjustments, including the availability of future roles, even during internal appeal processes. The case was remitted to a differently constituted ET to reassess the reasonable adjustments and the justification for the dismissal.
Key takeaways for employers
Assessing reasonable adjustments
Consider all potential adjustments: Employers must explore all possible reasonable adjustments, including delaying dismissal if future roles may become available due to organisational changes.
Tailored adjustments: Adjustments should be tailored to the individual needs of the disabled employee. Examples include altering work hours, providing accessible information, or offering trial periods in new roles.
Proactive approach: Employers should adopt a proactive approach in understanding the specific needs of disabled employees and making necessary adjustments to avoid substantial disadvantages.
Practical steps for employers
Conduct thorough assessments: Regularly review the availability of alternative roles and assess whether they can accommodate the disabled employee's needs.
Engage in dialogue: Maintain open communication with the employee to understand their specific requirements and explore feasible adjustments.
Document Efforts: Keep detailed records of all efforts made to identify and implement reasonable adjustments, including consultations with occupational health professionals.
Review policies: Ensure that internal policies on capability and appeals are robust and consider potential business restructuring impacts on employment decisions.
Additional considerations
Legal compliance: Employers must comply with the Equality Act 2010, which mandates making reasonable adjustments to avoid substantial disadvantages for disabled employees.
Impact on other employees: While making adjustments, consider the impact on other employees and ensure that adjustments do not unfairly disadvantage them.
Cost and practicality: Evaluate the cost and practicality of proposed adjustments, ensuring they are reasonable and effective in mitigating the disadvantage faced by the disabled employee.
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