When organisational changes are planned, employers should explore all possible alternative employment before effecting a dismissal on the grounds of capability.

This was highlighted by the case of Cairns v The Royal Mail. Mr Cairns worked outdoors delivering post. When he developed a knee injury and osteoarthritis, he was no longer able to do his job. He had a disability, and so the employer was obliged to make reasonable adjustments for him. He was given a temporary indoor role, but the employer said that it could not go on indefinitely and dismissed him on the grounds of capability.

He brought a claim in the Employment Tribunal for unfair dismissal. At the time, his place of work was due to merge with another postal centre shortly, and indoor roles would have been created by this. Mr Cairns said that the failure to take this into account was discriminatory and that if they had waited a while, he could have remained in employment. The Employment Tribunal found in favour of the employer, saying that Royal Mail acted reasonably because at the time of dismissal there were no other permanent suitable roles available.

However, Mr Cairns successfully appealed and the Employment Appeal Tribunal held that Royal Mail should have waited for the merger, and found temporary work for Mr Cairns until this point. This waiting period would have been a reasonable adjustment for his disability.

If you have any questions, please contact us for advice by emailing enquiries@perspectivehr.co.uk or by phoning 01392 247436.