Considering Redeployment As An Alternative To Dismissal

The Employment Appeal Tribunal (EAT) recently heard the appeal of Bugden v Royal Mail. The case involved the dismissal of an employee who had regular and substantial periods of absence from work arising from his ill-health.

In summary, the EAT considered that the tribunal in the first instance failed to consider redeployment as an alternative to dismissal. The EAT has remitted the case to the original tribunal to hear the claimant's claim of unfair dismissal. In particular, should the tribunal have considered redeploying the claimant as an alternative to dismissal when determining the fairness of the dismissal?

Tribunal claim

Mr Bugden brought claims of disability discrimination, including failure to make reasonable adjustments, and unfair dismissal following the termination of his employment on 10 December 2019. His termination arose following Royal Mail's application of its attendance management policy.