Redundancy selection criteria and making reasonable adjustments

By Jayne Flint

Two recent cases illustrate the importance of employers making reasonable adjustments for disabled employees placed at risk of redundancy even if the adjustments are unlikely to have any impact on the outcome of the redundancy exercise.

Section 20 of the Equality Act 2010 states that where an employer has a ‘provision, criterion or practice’ that puts a disabled person at a substantial disadvantage in comparison with non-disabled employees, the employer must take reasonable steps to avoid the employee suffering that disadvantage. The extent of this duty was considered in the following cases:

Dominique v Toll Global Forwarding Ltd
Mr Dominique suffered a stroke several years ago that have an impact on his physical and cognitive abilities and he was therefore disabled for the purposes of the Equality Act. In 2011, he was placed in a redundancy pool…

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