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Disability discrimination: employer failed to make adjustments to redeploy potentially redundant employee

The EAT has upheld a tribunal decision that an employer failed to make reasonable adjustments for a disabled employee in a redundancy exercise. The employee's disability meant that he was unable to attend administrative meetings, which the tribunal held included interviews. The tribunal found that the employer failed to consider alternative ways of assessing his suitability for roles into which he might have been redeployed as an alternative to redundancy.

However, as the EAT went on to note, the requirement to adjust attending an interview for a role does not lead automatically to the conclusion that the employee would have been appointed. That would be the subject of evidence and submissions at the remedy hearing. In this case, the employee argued that he could have been interviewed at home, rather than the workplace, or could have provided information in advance as part of a less formal process. He had been with the employer for several years, so his managers could have been consulted about his suitability especially for a post two grades below his current post. (London Borough of Southwark v Charles UKEAT/0008/14.)

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