Employers considering a business reorganisation should take note of an EAT decision which held that an employer failed in its duty to make reasonable adjustments when it did not adjust certain redundancy criteria that placed a disabled employee at a substantial disadvantage. This was despite the fact that the failure would have made no difference to the eventual decision to dismiss the employee.
The case indicates that employers who are scoring disabled employees in a redundancy exercise are more vulnerable to claims (for failure to make reasonable adjustments) than previously thought. When considering whether there is a duty to adjust criteria in the first place, employers cannot simply focus on dismissal as the disadvantage to be overcome. Instead receipt of a lower score may itself place the employee at a disadvantage, attracting an injury to feelings award.
This article is © Endeavour Partnership LLP 2014 and may not be reproduced without our express permission.
This article is a general summary and should not be relied upon in the place of seeking professional advice in respect of any specific situation.
No responsibility can be accepted for any actions based on the information in this article.