Bugden v Royal Mail Group [2024] EAT 80

Facts

After a string of sick leave absences, the claimant was dismissed. He filed claims alleging disability discrimination, along with unfair dismissal, and failing to provide reasonable adjustments. His appeals were dismissed by the Employment Tribunal.

Two reasons supported the claimant's appeal:

1. The panel ought to have taken into account whether the Respondent might have made a reasonable adjustment by taking on a different job. Evidence was presented before them indicating that the claimant's shift manager's actions exacerbated one of his disabilities.

2. That the Respondent's disregard for the opportunity to transfer to a different job impacted the dismissal's fairness. The panel ought to have given it some thought.

Neither at the hearing nor in the pleadings had the claimant brought up these issues.

Held

The Claimant's appeal regarding reasonable adjustments was denied by the EAT. The information presented before the tribunal did not provide enough clarity about the specific adjustment. It was not a legal error for the tribunal to have neglected to bring up that possible adjustment with the parties directly.

The Claimant's appeal of their unjust dismissal was granted by the EAT. When dismissals result from unwell leave, it was required to find out whether redeployment to a different function had been considered. Even if the parties hadn't raised it, the tribunal ought to have addressed it. It mattered whether or not the Claimant's dismissal was within the bounds of what a reasonable employer would have done.

Comment

The EAT held the Employment Tribunal should have considered redeployment despite employee not raising it. The allegation of unjust dismissal was returned for more analysis.