In a recent case the issue of what steps an employer is required to make to provide "reasonable adjustments" for a disabled employee was once again considered.
The employee was placed at risk of redundancy and joined a pool of employees who would consider redeployment for the purpose of finding an alternative post. The employee was signed off sick for three months with a condition which affected his sleep and led to a bout of depression. As part of the redeployment exercise, the employer enquired by email if the employee was well enough to attend an interview for an alternative position. The employee did not respond to the email or subsequent communications following which the employer confirmed the dismissal on the basis that they had received "no indication as to whether he was able to attend interviews". The employee brought a claim for unfair dismissal and disability discrimination in the Employment Tribunal.
The Employment Tribunal and subsequently the Employment Appeal Tribunal upheld his claim of disability discrimination. The basis of this decision was that he should not have been required to attend an interview for the alternative roles. The employer could have dispensed with the need for the interview and could have considered his capabilities at home.
Whilst quite specific on its own facts, this case once again highlights the importance for employers to be proactive in their response to reasonable adjustments.
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If you are an employer affected by similar issues, contact us.