Raymond Cairns v The Royal Mail Group Limited
[2024] EAT 129
Ian Bugden v The Royal Mail Group Limited
28 May 2024
[2024] EAT 80
Employment Appeal Tribunal
An employee was fired for too many sick days. The court said the initial tribunal should have considered if the employer could have offered him a different job before firing him, even if nobody brought it up. The case is going back to the tribunal to look at that.
Key Facts
- •Mr Ian Bugden (Claimant/Appellant) was dismissed by The Royal Mail Group Limited (Respondent) due to long-term ill-health absences.
- •His dismissal was based on the Respondent's attendance management policy.
- •He claimed unfair dismissal and disability discrimination.
- •The Employment Tribunal dismissed both claims.
- •The appeal focused on the Employment Tribunal's failure to consider redeployment as a reasonable adjustment and a fair alternative to dismissal.
Legal Principles
An Employment Tribunal should consider redeployment as a reasonable adjustment under section 20 of the Equality Act 2010, if the circumstances make it an obvious point.
Equality Act 2010, section 20
In determining the fairness of a dismissal under section 98(4) of the Employment Rights Act 1996, an Employment Tribunal should consider redeployment as an alternative to dismissal, even if not raised by the parties, if it's a well-established principle.
Employment Rights Act 1996, section 98(4)
An Employment Tribunal should raise points that are so well-established they arise 'as a matter of course', regardless of whether the parties raised them. This is especially relevant to well-established principles regarding unfair dismissal and reasonable adjustments.
Small v Shrewsbury and Telford NHS Trust [2017] EWCA Civ 882
The List of Issues is a case management tool, and shouldn't be elevated to a rigid pleading. The Tribunal should consider potential adjustments even if not explicitly listed.
Moustache v Chelsea & Westminster Hospital NHS Foundation Trust [2022] EAT 204
In long-term ill-health absence cases, employers should consider reasonable steps, such as consultation, medical evidence review, and alternative employment, before dismissal.
First West Yorkshire Ltd v Haigh [2008] IRLR 182
Outcomes
Appeal dismissed on Ground 1 (failure to consider redeployment as a reasonable adjustment).
The potential redeployment (moving the claimant away from a specific manager) wasn't sufficiently clear from the material before the Employment Tribunal. The Tribunal didn't err in law by not raising it.
Appeal allowed on Ground 3 (failure to consider redeployment as a fair alternative to dismissal).
The Employment Tribunal erred in law by failing to consider redeployment as an alternative to dismissal. This was a well-established principle that should have been addressed regardless of whether it was raised by the parties. The unfair dismissal claim was remitted for further consideration.