The EAT has confirmed that an employer’s failure to consult a disabled employee about re-deployment is a breach of the 1995 Act since it amounts to a failure to make reasonable adjustments.
A disabled employee was dismissed after approximately two years of absence due to sickness. There was little possibility that the employee would return to work in the medium to long term and therefore the employer eventually took the decision to dismiss him. The EAT dismissed the DDA claim but upheld the decision that the dismissal had been unfair because the employer had failed to act reasonably by not raising the issue of alternative employment directly with the claimant before dismissal.
Scottish and Southern Energy Plc v Mackay