Make sure you thoroughly explore all possible alternative roles before proceeding with a capability dismissal, particularly when organisational changes are on the horizon.
The Employment Appeal Tribunal recently ruled against the employer in Mr Cairns v The Royal Mail Group Ltd.
Case background
Mr Cairns worked as a postal delivery person handling outdoor duties. However, he could no longer perform the outdoor work due to a knee injury and osteoarthritis.
Royal Mail gave him a temporary indoor role and started a consultation to dismiss Mr Cairns on the grounds of ill-health retirement because he couldn’t perform his outdoor job anymore, and no permanent indoor positions were available. As a result, Mr. Cairns was dismissed.
Legal claims
Mr Cairns claimed unfair dismissal, arguing that Royal Mail had failed to make reasonable adjustments by not waiting for the imminent merger of his postal centre with another, which would have created new indoor roles. He also claimed discrimination arising from disability. The Employment Tribunal dismissed all the claims, and held that it was not reasonable for Royal Mail to continue to employ Mr Cairns in a temporary capacity indefinitely and there were no other alternative roles which could be offered when he was dismissed.
Appeal
Mr Cairns appealed against the dismissal of his disability discrimination claim. The Employment Appeal Tribunal allowed the appeal and held that the Employment Tribunal had focused on the factual situation at the time of dismissal, however had not considered an essential part of Mr Cairns’ case, which was that at the time of his appeal Royal Mail should have continued to employ him in a temporary capacity for a further few weeks, so that he could have been assigned to an indoor role, on the merger of the postal centre with the other centre.
Ruling
Mr Cairns’ case was that it would have been a reasonable adjustment to keep him in employment for this short time, particularly given that his inability to work outdoors was directly related to his disability. As a result, the Tribunal concluded that the decision to dismiss Mr Cairns under those circumstances was discriminatory.
Implications for employers
This case highlights the importance for employers to thoroughly explore all possible alternative roles before proceeding with a capability dismissal. This assessment should also be considered and revisited during any appeal process, particularly when significant organisational changes are on the horizon.