Where an employee ceases to be able to perform his role due to disability, an employer should consider whether it is reasonable to require another employee to swap roles with him or to medically retire the disabled employee and re-engage him in a new role.

The EAT has ruled that it could be a reasonable adjustment to require an employee to swap his role with that of a disabled employee, depending on the circumstances. These would include whether the other employee can contractually be required to change role and each employee's suitability for the swapped roles.

It could also be a reasonable adjustment to medically retire a disabled employee and re-engage them in a new role.

The EAT rejected the employer's argument that these steps went far beyond anything contemplated as reasonable by the legislation (which goes no further than suggesting transfer to an "existing vacancy" as a possible reasonable adjustment). The statutory list of examples is not exhaustive and what is reasonable depends on all the circumstances. (CC of South Yorkshire Police v Jelic, EAT)