The Supreme Court has ruled that a disabled employee in the
Capital Region of Denmark should have been considered for
redeployment to another vacant position outside the place of
work.
According to section 2a of 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 ECJ that such a measure may also take the form of
redeployment to another vacant position that the employee would be
competent, suitable and available to fill.
The question to be decided by the Supreme Court in this case
was, among other things, whether the employer, when considering the
possibility of redeploying an employee with a disability, was
required to consider vacant positions outside the employee's
organisational place of work and whether, in that situation, there
was an obligation to redeploy the employee to a
