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ARTICLE · 05 FEBRUARY 2025

Danish High Court Takes A Strict Line On Redeployment For Disabled Person

Under the Anti-Discrimination Act, employers must take appropriate measures to give employees with disabilities continued access to employment...

DenmarkEmployment and HR

Summary

  • Obligation to redeploy
  • Obligation to consider redeployment
  • Obligation to seek redeployment broadly in the organisation
  • Takeaway for Employers

The Supreme Court has ruled that a disabled employee should have been considered for redeployment to another vacant position outside their place of work. 

Under the Anti-Discrimination Act, employers must take appropriate measures to give employees with disabilities continued access to employment, unless this imposes a disproportionate burden on the employer. It follows from recent case law of the European Court of Justice that such measures may include redeployment to another vacant position that the employee would be competent, suitable and available to fill.

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