EAT says while ‘slotting’ council worker into a new role would alleviate disadvantage, this would be unfair to other employees
A youth and community worker was put at a disadvantage when he was asked to attend a redundancy interview, but the Employment Appeal Tribunal (EAT) found removing this requirement would have been unfair to others in the same process.
The EAT stated that a lower tribunal had correctly determined that Luton Borough Council could not have made accommodations for Julian Hilaire, who experienced depression and arthritis, during his collective redundancy process.
Employment judge Wayne Beard said: “Slotting in [to a new role] would have alleviated the disadvantage to Mr Hilaire, but would have impacted on others in the redundancy process. Making an adjustment is not a vehicle for giving any advantage over and above removing the particular disadvantage.”
Hilaire, a youth and community worker at Luton Borough Council, was informed in 2013 that the organisation would be restructuring its youth support system, and part of this process required those working in the new structure to apply for a post.
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