CASE UPDATE: Reasonable Adjustments

When an employer knows, or should reasonably know, that an employee is disabled, they are under a duty to make reasonable adjustments to prevent the employee from being at a disadvantage in the workplace due to their disability. A recent Employment Appeal Tribunal (EAT) case explored whether an adjustment raised during the appeal stage of dismissal should have been considered, which would have delayed the dismissal of a disabled employee until after a merger.   

In Mr Raymond Cairns v The Royal Mail Ltd 2024 ETA 129, the Claimant was a postal delivery worker who could no longer carry out his outdoor duties due to a knee injury and osteoarthritis, which qualified as a disability. He was moved to a temporary indoor role, but when no permanent indoor positions were available, the Respondent began consultation to dismiss him on ill-health retirement grounds. The Claimant was ultimately dismissed. 

The Claimant argued that the Respondent had failed to make reasonable adjustments by not delaying his dismissal until the merger of two postal centres, which may have created more indoor roles. The Employment Tribunal dismissed his claims, finding the dismissal fair and stating that an employer was not obligated to maintain surplus positions indefinitely. 

On appeal, the Employment Appeal Tribunal (EAT) found that the Tribunal had focused too much on the situation at the time of dismissal and had failed to properly consider whether keeping the Claimant employed until the merger (and possible creation of suitable indoor roles) was a reasonable adjustment. The case will therefore go back to the Employment tribunal for further consideration of the discrimination claims based on the reasonable adjustments.  

If you are navigating employment issues related to reasonable adjustments or disability discrimination, please contact our Employment Law team for guidance at 01635 896336 or via email at hello@fentonelliott.co.uk.