Case law: Court confirms when employers can dismiss employees without offering to redeploy them
Employers may dismiss employees for capability, without offering to redeploy them in another role, if they honestly believe the employee falls short of the basic standards required of all their employees, to the extent it can be inferred that they would be incapable of undertaking any other role in the organisation.
This update was published in Legal Alert - July 2017
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A Council employee was dismissed for capability. She claimed that she had been dismissed for having the temerity to complain that she was overworked, and that she should have been offered a redeployment before being dismissed.
The Employment Tribunal (ET) took into account the employer's evidence that she had been given a great deal of support and training, and had still fallen short of threshold standards in relation to accuracy and meeting deadlines. She had not been offered a redeployment as these were basic standards required for every post within the Council and her employer had therefore been justified in concluding that a redeployment would not be appropriate.
The ET also accepted the employer's evidence that her work had been taken over by another employee, who had been able to manage the workload effectively. It therefore found that the dismissal, without an offer of redeployment, was fair.
The Employment Appeal Tribunal agreed with the ET's approach, and that the dismissal for capability was fair.
- Employers may dismiss employees for capability, without offering to redeploy them in another role, if they honestly believe that the employee falls short of the basic standards required of all their employees, so that it can be inferred that they would not be capable of undertaking any other role in the organisation
Case ref: Awojobi v London Borough of Lewisham UKEAT/0243/16/LA
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