Redeployment Issues in UK Employment Law: Insights from Bugden v The Royal Mail Group Limited
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What are the Issues Around Redeployment?
In Bugden v The Royal Mail Group Limited [2024] EAT 80, the Employment Appeal Tribunal (EAT) ruled that the Employment Tribunal had erred in law by not considering redeployment as an alternative to dismissal. This case sheds light on critical considerations for employers regarding redeployment, especially in cases involving dismissal and disability discrimination.
Background of Bugden v The Royal Mail Group Limited
The claimant, Mr. Bugden, was employed by the Royal Mail Group Limited from August 1994 until December 2019 as an operational postal grade worker. During the period from 2015 to 2019, Mr. Bugden experienced 32 periods of absence, totaling 297 days. These absences were a mix of those related to long-term medical conditions and others that were not.
Mr. Bugden was dismissed with notice following the application of the Royal Mail Group’s attendance management policy due to his regular and substantial absences.
The Employment Tribunal's Decision
Mr. Bugden brought claims to the Employment Tribunal, alleging unfair dismissal and disability discrimination, asserting that the Royal Mail Group failed to make reasonable adjustments for his disabilities. The Employment Tribunal found that Mr. Bugden was disabled due to:
- Anxiety and depression
- Visual migraines
- Musculoskeletal disorders
- Bladder issues
Key Findings of the Employment Tribunal
- Discounting disability-related absences was not deemed a reasonable adjustment.
- Mr. Bugden would have triggered the attendance management policy due to his non-disability-related absences.
- The decision to dismiss Mr. Bugden was within the range of reasonable responses as per the attendance management policy.
Consequently, the Employment Tribunal dismissed Mr. Bugden’s claims, leading to his appeal to the Employment Appeal Tribunal (EAT).
The Employment Appeal Tribunal (EAT) Ruling
The appeal was allowed in part, focusing on two main grounds:
Ground 1: Reasonable Adjustments and Redeployment
Mr. Bugden’s counsel argued that the Employment Tribunal erred by not considering redeployment as a reasonable adjustment. The EAT disagreed, noting that redeployment was not suggested by Mr. Bugden or mentioned in any occupational health reports. Citing Project Management Institute v Latif [2007], the EAT ruled that it was not an exceptional case requiring the Tribunal to raise the issue of redeployment.
Ground 3: Redeployment as an Alternative to Dismissal
Mr. Bugden’s counsel contended that the Employment Tribunal should have considered redeployment as a familiar alternative to dismissal. The EAT agreed, noting the importance of considering redeployment as part of assessing the fairness of a dismissal. The EAT remitted the claim for unfair dismissal to the Employment Tribunal for further consideration, limited to the issue of redeployment.
Implications for Employers: Understanding Redeployment and Reasonable Adjustments
Duty to Make Reasonable Adjustments
Under the Equality Act 2010, employers must make reasonable adjustments for disabled employees to prevent disadvantages caused by:
- An employer’s provision, criterion, or practice (PCP).
- Physical features of the employer’s premises.
- Failure to provide auxiliary aids.
In Bugden, the requirement to adhere to the attendance management policy was considered a PCP, highlighting the need for reasonable adjustments.
Considering Redeployment
Employers should consider redeploying employees to different roles if suitable, particularly when the employee is struggling with their current role due to a disability. Bugden emphasises the necessity of considering redeployment in the context of both making reasonable adjustments and assessing the fairness of dismissals.
Importance of Internal Policies
The Royal Mail Group’s policy on redeployment played a crucial role in this case. When an organization’s policy includes redeployment options, employers must consider these options to avoid findings of unfair dismissal.
Conclusion
Bugden v The Royal Mail Group Limited highlights the critical importance of considering redeployment as part of the reasonable adjustments for disabled employees and the fairness of dismissals. Employers must be vigilant in adhering to internal policies and legal obligations under the Equality Act 2010 to mitigate risks of unfair dismissal claims.
Read the full judgement here.
